Blog

The Jones Act and Indemnity Under an MSA and LOIA

Julius P. Hebert Jr. and Brian J. Marceaux - Friday, August 07, 2015

Plaintiff, an employer of Max Welders, was working as the borrowed employee of Wild Well, a subsidiary of Superior, when he sustained injuries while welding on an offshore platform. Plaintiff filed suit against all defendants under, inter alia, the Jones Act, 46 U.S.C. 30104. Superior and Wild Well filed a cross-claim for indemnity from Max Welders pursuant to a Master Service Agreement (MSA) or, in the alternative, Vessel Boarding, Utilization, and Hold Harmless Agreement (VBA) between Superior and Max Welders. The court affirmed the district court's grant of summary judgment to defendants on the Jones Act claims because it found that plaintiff was not a Jones Act seaman. The court also affirmed the district court's grant of summary judgment to Max Welders on indemnity because 1) the MSA was void under Louisiana law and 2) the VBA did not apply to plaintiff’s work.

The Terrebonne Parish Courthouse History

Julius P. Hebert Jr. and Brian J. Marceaux - Monday, July 20, 2015

Check this video out for a brief legal history of the Terrebonne Parish Courthouse. youtu.be/-jt7P4-xBm4 



Liability for Hearing Loss as a Result of Noise - Louisiana Supreme Court Addresses the Issue

Julius P. Hebert Jr. and Brian J. Marceaux - Tuesday, June 30, 2015

NO. 2013-C-2878 CONSOLIDATED WITH NO. 2013-C-2981 -  Arrant v. Graphic Packaging International, Inc.

This case presented a res nova issue for the Louisiana Supreme Court: whether gradual noise induced hearing loss caused by occupational exposure to hazardous noise levels was a personal injury by accident or an occupational disease, or both, under the Louisiana Workers' Compensation Act ("LWCA"), thereby entitling the defendant employer to immunity from suits in tort under the exclusivity provisions of the LWCA. Interpreting the Act and mindful of the clear legislative purpose behind the workers' compensation scheme, the Louisiana Court found occupational noise-induced hearing loss fell squarely within the parameters of the LWCA, either the pre-1990 definition of “accident” or the post-1975 definition of “occupational disease.” As such, the Court concluded the defendants were entitled to immunity from suits in tort under the LWCA. Accordingly, the court of appeal properly reversed the judgment of the district court and dismissed the plaintiffs' claims.


Commercial/Corporate/Limited Liability Company/Contracts/Litigation/Employer/ Employee/Insurance/Construction Leases/Agreements/Rights.

Julius P. Hebert Jr. and Brian J. Marceaux - Wednesday, May 27, 2015

Businesses have a myriad and variety of legal issues and requirements. Typically, people are involved with corporations, limited liability companies, partnerships, and sole proprietorships. Contractual and agreement issues frequently occur. Collection of debt is another common issue. Relationships and rights among partners, shareholders, directors, officers, members, managers, employers, employees, creditors, and third parties frequently arise. You may protect your business by well written legal documents such as articles of organization, by-laws, operating agreements, contracts, mortgages, leases, and security interests.

Did you know Louisiana has laws that may also protect your business rights such as the Oil Field Lien Act, Private Works Act, Public Works Lien Act, contract law, open accounts, unjust enrichment, unfair trade practices, lease laws, mortgages, security interests, etc.? Did you know an employer can prevent an employee from competing and soliciting against its business? Yes, if properly drafted, Louisiana law allows an employer and employee to agree that the employee will not compete against or solicitation his employer.

If you are a business, make sure you have appropriate insurance coverages. A consultation with Hebert and Marceaux, LLC can enlighten you and advise you on insurance risks that you need to discuss with your insurance agent.

At Hebert & Marceaux, LLC, we can help you with your legal business formation, legal consulting, and litigation. Our advice to businesses is to become legally proactive, which helps avoid litigation.

Call Hebert & Marceaux, LLC today to consult on your legal business needs, phone (985) 876 4324 for an appointment.

This is for information only and not legal advice. An attorney should be consulted on a particular case or situation.