Chamberlain Hrdlicka's Maritime Proctor Blog is primarily about Admiralty and Maritime law decisions, but also discusses non-Admiralty litigation as well as other legal issues. This blog does not constitute legal advice of any kind. Moreover, it does not create an attorney/client relationship between the reader and either myself or Chamberlain Hrdlicka. Instead, I merely endeavor to discuss, on a broad level, common issues I see in my practice, as well as recent case developments or news concerning the Maritime industry.
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We continue our discussion of one of the oldest remedies available to a personal injury plaintiff – that of maintenance and cure.
Last week, we began with an overview of maintenance and cure benefits, and analyzed a new Fifth Circuit decision concerning cross-claiming defendants and whether one had to partially or totally indemnify the other for payments made of maintenance and cure, even if the injury for which the payments were made was deemed unrelated to the accident giving rise to the litigation. In the decision of In re 4-K Marine, L.L.C.,[1] the Fifth Circuit said such was not ...
It’s another #MaritimeMonday, so we will continue our discussion of maintenance and cure benefits. Two weeks ago, we analyzed a recent decision from the Fifth Circuit – In re 4-K Marine, L.L.C.,[1] after a brief overview of the nuts and bolts of a maintenance and cure claim. Last week we discussed defenses to a claim for maintenance and cure benefits.
Today, we focus on a framework articulated by the Fifth Circuit over 30 years ago – the three-tiered damages model for maintenance and cure. Notably, the 4-K Marine panel reaffirmed the viability of that decision, Morales v. Garijak ...