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Fifth Circuit Limits Effect of Collateral Source Rule Under General Maritime Law

The Energy Law

DePerrodil held that the collateral source rule allows a plaintiff, in a maritime personal injury action against a third party, to recover only the amount of medical expenses paid by the plaintiff’s employer’s Longshore and Harbor Workers’ Compensation Act (“LHWCA”) insurer. DePerrodil’s medical providers billed the insurer $186,080.30

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11th Circuit Finds Not All Disputed Medical Evidence Must be Construed in a Seaman’s Favor

The Energy Law

527 (1962) requires courts hearing maintenance and cure cases to construe disputed medical evidence in the seaman’s favor. Mandara Spa (Hawaii), LLC , the appellant seaman brought claims under the Jones Act and general maritime law for failure to pay maintenance and cure related to certain bodily injuries. Atkinson , 369 U.S.

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The Fifth Circuit Rejects the DOJ’s Attempt to Charge Black Elk Contractors with OCSLA Felonies

The Energy Law

In 2010, Black Elk Energy Offshore Operations, LLC (“Black Elk”) owned and operated a production facility on the West Delta 32 Lease Block located in the Gulf of Mexico. In September 2012, Black Elk hired Compass Engineering and Consulting, LLC (“Compass”) to draft construction plans for maintenance on the platforms. United States v.

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SCOTUS Decides Dutra Group v. Batterton

The Energy Law

Townsend case, in which a 5-4 majority opinion (written by Justice Thomas) ruled that punitive damages were available to a Jones Act seaman whose employer arbitrarily and capriciously fails to pay the injured or ill seaman maintenance and cure.