7 results for 'cat:"Maritime" AND cat:"Discovery"'.
J. Currault grants a request by the owner of a self-propelled spud barge, compelling a marine repair yard to produce personnel files on all seven of its employees who worked on its vessel at the time it was damaged by a fire. Training records of the employees performing work on the vessel are relevant to the claims and defenses of this case and must be produced. The repair yard's objections on the basis of overbreadth and undue burden are overruled as improper.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: April 19, 2024, Case #: 2:23cv243, NOS: Other Contract - Contract, Categories: maritime, discovery
J. Talwani denies members of the commercial fishing industry's motion to strike documents from, and supplement, the administrative record. They fail to identify the corrections to the document to which they take issue, or to explain why those corrections were errors.
Court: USDC Massachusetts, Judge: Talwani, Filed On: September 25, 2023, Case #: 1:22cv11172, NOS: Environmental Matters - Other Suits, Categories: Environment, maritime, discovery
J. Barbier grants summary judgment to a marine transportation company, dismissing a seaman’s claims for benefits related to injuries he allegedly sustained aboard the employer’s vessel during Hurricane Ida. As required under the so-called “McCorpen defense,” the maritime employer has established that the seaman intentionally withheld evidence of preexisting injury, ongoing back and neck problems. Therefore, his request for benefits is denied.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: August 30, 2023, Case #: 2:22cv747, NOS: Marine - Contract, Categories: Evidence, maritime, discovery
J. Currault denies a request for a stay of all discovery submitted by the foreign owners of a tanker under investigation by the U.S. Coast Guard for environmental crimes. A stay of discovery is not appropriate in the case, and accordingly, discovery will proceed expeditiously. The government has established “peculiar” circumstances justifying holding the depositions outside of the home countries of the ship owner and the shipping company.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: August 11, 2023, Case #: 2:23cv2305, NOS: Other Contract - Contract, Categories: Environment, maritime, discovery
J. Ashe denies requests by oceangoing shippers, freight handlers and their insurers to dismiss claims by Goodyear Tire & Rubber Company holding them responsible for water damage to two shipments of processed natural rubber from Thailand and Indonesia to New Orleans. Goodyear alleges that the bales of rubber were damaged during ocean transit and upon being stored outdoors and uncovered at the port of New Orleans. Goodyear has sufficiently alleged that it entered into a contract by email with the foreign carriers for the transport and handling of the rubber. Whether the litigants formed a contract, the terms of that contract and whether fraud is involved are all issues that may be resolved by discovery and possibly further litigation. At the current stage, Goodyear has alleged sufficient facts to state a claim that a contract was formed and breached.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: June 28, 2023, Case #: 2:22cv4561, NOS: Marine - Contract, Categories: Admiralty, maritime, discovery
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J. Currault grants a Louisiana power company leave to amend its claims arising from damage to its waterfront facility by breakaway barges on the Mississippi River. The power company established good cause to amend its claims after a litigation deadline, based on discovery responses from owners of vessels, barges and equipment involved in the maritime accident.
Court: USDC Eastern District of Louisiana , Judge: Currault, Filed On: June 8, 2023, Case #: 2:22cv504, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: maritime, Negligence, discovery