US Bodily Injury News
Recent articles in Bodily Injury News over the last three issues CREW ISSUES: ARBITRATION AGREEMENTS
CREW ISSUES: PUNITIVE DAMAGES
Post accident arbitration agreements Dolores O’Leary
In an effort to avoid the risk associated with personal injury litigation in the US, a new path is being forged – the post accident arbitration agreement…and it seems to be catching on. July 2010
CREW ISSUES: EMOTIONAL DISTRESS
Negligent infliction of emotional distress claims expand Linda Wright
Ninth Circuit Court of Appeals expands availability of negligent infliction of emotional distress claims in Stacy v. Rederiet Otto Danielsen, 609 F.3d 1003, 2010 AMC1782 (9th Cir. 2010). November 2010
CREW ISSUES: EMPLOYMENT CONTRACTS
Round Table Seminar 2010 highlights – 2
Gary A. Hemphill, Phelps Dunbar L.L.P. Foreign seafarers’ entitlement to maintenance and cure & enforcement of forum selection and arbitration clauses. November 2010
The enforceability of arbitration clauses in employment contracts Karen Hildebrandt Recently, there has been a proliferation of decisions dealing with arbitration clauses in seafarer’s employment contracts and their enforceability. This article suggests practical tips to remember from some of those decisions. November 2010
CREW ISSUES: MAINTENANCE
Round Table Seminar 2010 highlights – 1 Nick Politis, Flynn Delich & Wise L.L.P. Pre-employment medical examinations and the consequences of misrepresen- tation by a seafarer. Owner’s obligation to pay maintenance: Actual expenses or collective bargaining agreement rate? Is an owner obligated to pay cure for unrelated conditions discovered during treatment for a shipboard illness or injury?
November 2010
Maintenance rates in union contracts: the Federal courts’ perspective Marc Warner, LeGros Buchanan & Paul P.S.
November 2010
Maintenance and cure: Latest developments Louise Livingston November 2010
Atlantic Sounding Co. Inc. v Townsend
David McCreadie & Eddie Godwin, Lau, Lane Pieper, Conley & McCreadie, P.A. Putting this case in context on punitive damages for the wilful failure to pay maintenance and cure. November 2009
CRUISE LINE ISSUES
Cruise ship crime reporting Larry Kaye and André M. Picciurro Kaye Rose & Partners LLP A summary of the impending Cruise Vessel Safety and Security Act and the requirements it places upon ships carrying more than 250 passengers calling at US ports. July 2010
MEDICAL EVACUATION
US Coast Guard medical evacuations
Daniel J Fitzgerald (Freehill Hogan & Mahar LLP) & Karen Hildebrandt
With limited medical capabilities on most seagoing vessels, it is not uncommon for vessel masters to request medical assistance from coastal governmental agencies. Karen Hildebrandt shares her recent experience. July 2010
MEDICARE
Are Medicare set-asides required in liability cases? Jana Byron The significance of the new reporting requirements in the second of a two part series on addressing Medicare issues in personal injury settlements in the US. In part 1, we covered the new reporting requirements enacted under Section111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (“MMSEA”). July 2010
New reporting requirements for personal injury payments to Medicare-eligible claimants Jana Byron
Non-compliance penalties of $1,000 per day enhances the significance of the new reporting requirements November 2009
STATE PRACTICE AND PROCEDURE
You have a CBA with a contractual maintenance rate; so what? Louise Livingston Washington state courts refuse to enforce certain contractual terms of collective bargaining agreements. November 2010
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Proving medical services in Texas Christina Schovajsa, Eastham, Watson, Dale & Forney, L.L.P. Texas, as we all know, can be an unusual place where strange things happen both inside and outside courtrooms. Recently, during the course of a personal injury lawsuit in Harris County, Texas, a strange thing happened… November 2010
Washington State: shifting discovery burdens Phil Lempriere & Molly Henry, Keesal Young & Logan A new opinion issued by the Washington Supreme Court will require a party objecting to discovery requests to seek a protective order instead of the traditional method of waiting for the requesting party to bring a motion to compel. The Club’s legal correspon- dents in Seattle explains the case of Magana v. Hyundai Motor Am., Case No. 80922-4 (Nov. 25, 2009) July 2010
Collateral estoppel Karen Hildebrandt We all have heard of “serial plaintiffs”, those who seem to be injured on every ship or jobsite they work and do not hesitate to bring a lawsuit to recover for their injuries. Those suits routinely demand recovery of damages for loss of future earning capacity. But if a plaintiff recovers for loss of future earnings in one lawsuit, can they recover the same damages in all future lawsuits? November 2009
Depositions in the United States – do we really have to? Louise Livingston Why sworn affidavits just won’t do. While sworn affidavits are permitted in certain situations in litigation in the United States, for example, in support of motions, they are by no means an exclusive method of presenting evidence. The reason sworn statements are not favored in the United States is because there is no opportunity to ask questions of the witness. November 2009
Texas responsible third-party practice Tom Nork, Phelps Dunbar Can the jury now fully consider and apportion liability? A unique procedural practice the Responsible Third-party Rule applies to any cause of action based on tort. November 2009
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