Author Archives: Kenneth Engerrand

June 28
2019

June 2019 Longshore/Maritime Update – update on punitive damages in seamen’s cases

Update on punitive damages in seamen’s cases June 24, 2019 The Supreme Court handed down its decision today in The Dutra Group v. Batterton, No. 18-266 (June 24, 2019). The case presented an issue that had divided the lower courts: … Read full post…

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Posted in Longshore Update
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June 27
2019

June 2019 Longshore/Maritime Update

Notes From Your Updater: The previous issue of this Update was the last one written by Tom Langan to his many loyal and long-suffering readers. He is enjoying his well-deserved retirement and was touched by the many emails he received … Read full post…

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Posted in Longshore Update
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October 2
2013

Fifth Circuit: heterosexual male supervisor can create a hostile work environment for a heterosexual male employee.

In Equal Employment Opportunity Commission v. Boh Brothers Construction Co.,  Case No. 11-30770 (5th Cir. Sept. 27, 2013) (revised Sept. 30, 2013) (en banc) the United States Court of Appeals for the Fifth Circuit held that the employer of an … Read full post…

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Posted in Louisiana
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October 2
2013

Fifth Circuit: non-subscriber can’t always escape liability based on employee’s knowledge of defect; affirms summary judgment on gross negligence.

In Randy Austin v. Kroger Texas, L.P., Case No. 12-10772 (5th Cir. Sept. 27, 2013), the United States Court of Appeals for the Fifth Circuit held that a non-subscriber employer cannot escape liability based solely on an employee’s knowledge of … Read full post…

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Posted in Texas
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January 14
2013

Texas Supreme Court – Due Diligence Clause Does Not Override Shift of Risk to Contractor That Acknowledges Potential for Hidden Additional Work

El Paso Field Services, L.P. v. MasTec North America, Inc., No. 10-0648 (Tex. Dec. 21, 2012).  The Texas Supreme Court harmonizes the contractual risk-allocation provisions in a contract in light of the due diligence specifications in the contract. El Paso … Read full post…

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Posted in Texas / Uncategorized
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