Broussard, David & Moroux, Author at Louisiana Lawyer Blog

Supreme Court Considers Definition of “Vessel” Under Federal Maritime Law

November 13, 2012 | by Broussard, David & Moroux

The U.S. Supreme Court began its 2012 term hearing a case that could clarify whether floating structures qualify as vessels under federal maritime law. The determination of this issue could have a serious impact on floating homes and floating businesses.

In Lozman v. Riviera Beach, Fane Lozman, a Florida man living in a floating home off of Riviera Beach, and the city of Riviera Beach disputed whether Lozman’s home was a vessel or house for eminent domain purposes. After Lozman refused to register his floating home with the city, the city used federal maritime law to put a lien on the boat as a vessel.

Lawmakers Call on FDA to Regulate Energy Drinks

November 6, 2012 | by Broussard, David & Moroux

Two U.S. senators asked the Food and Drug Administration to eliminate regulatory loopholes that permit energy-drink manufacturers to sell drinks without disclosing high levels of caffeine last week.

This request follows after the agency released findings from its investigation into five deaths that were allegedly linked to the consumption of Monster energy drinks. Under current FDA regulations, the makers of energy drinks are not required to disclose ingredients on the label because they are considered natural food products.

Consumer reports suggest many energy drinks contain higher levels of caffeine than their packaging indicates or do not even list caffeine as an ingredient. Studies reveal that one energy drink can contain four to five times more caffeine than the average soda.

Helicopter Carrying 19 Oil Rig Workers Forced to Ditch

October 30, 2012 | by Broussard, David & Moroux

A helicopter carrying 19 men to an oil rig in the North Sea was forced to ditch when mechanical issues were reported by the pilot. The investigation of the ditching is ongoing, but a failed gear-box is believed to be a factor.

A nearby tanker and helicopter offered assistance and all 19 passengers made it safely out of the helicopter. This accident mirrors a 2009 ditching also caused by failed mechanical gear components. That 2009 incident was also in the North Sea and resulted in the death of 16 individuals.

Texas Students Injured in School Bus Crash

October 23, 2012 | by Broussard, David & Moroux

Two Texas school buses crashed into each other in San Antonio Monday morning near the entrance of a Texas high school. One bus driver died in the accident, and five student passengers suffered injuries. The cause of the accident remains under investigation.

School bus crashes are uncommon. However, when these crashes occur, they all too often result in tragedy and loss of life. When bringing a personal injury claim after a school bus accident, a plaintiff must first determine fault. Many actors can contribute to a school bus accident, including a negligent bus driver and other careless drivers on the road.

Federal court approves $37.5 million FEMA trailer settlement

October 16, 2012 | by Broussard, David & Moroux

A federal judge gave final approval to a $37.5 million settlement between the manufacturers of FEMA trailers and storm victims who used the trailers following Hurricanes Katrina and Rita. This class of 55,000 plaintiffs claimed they were exposed to formaldehyde, a known carcinogen, while living in the trailers.

In a toxic tort lawsuit, an individual seeks compensation for injuries, health problems or death resulting from dangerous exposure to toxins or hazardous materials. An individual can bring a toxic tort claim as a single plaintiff or as multiple plaintiffs through a class action lawsuit.

Gulf of Mexico Oil Platform Fire Extinguished

October 9, 2012 | by Broussard, David & Moroux

A fire started on a W&T Offshore oil platform in the Gulf of Mexico last week about 30 miles off the coast of Louisiana. The company evacuated the platform and extinguished the fire. One worker reported minor injuries.

The Jones Act and the Longshore and Harbor Workers’ Compensation Act (LHWCA) are federal statutes that cover maritime workers who are injured on the job. These laws offer maritime workers legal protection and entitle workers to compensation for their injuries. The circumstances surrounding an injured worker’s employment will determine which statute applies to the worker.

Iberia Parish Pedestrian Hit by 18-Wheeler

October 2, 2012 | by Broussard, David & Moroux

An 18-wheeler truck struck a pedestrian in Iberia Parish last week. The pedestrian died at the scene of the accident. The 18-wheeler driver was not injured. State police are investigating the cause of the accident.

Pedestrian accidents involving 18-wheelers are especially deadly because of the heavy weight of these large trucks. Each year, pedestrian fatalities make up about 12 percent of all traffic fatalities. Among these fatalities, statistics show that children and the elderly are more likely to be involved in a pedestrian accident.

Monroe Man Missing After Boating Accident

September 24, 2012 | by Broussard, David & Moroux

A search is underway for a 60 year old Monroe man who went missing after a boating accident on the Ouachita River. Louisiana Department of Wildlife and Fisheries confirmed that the man’s boat was found on the river.

Florida A&M University Dance Team Suspended for Hazing

September 13, 2012 | by Broussard, David & Moroux

Florida A&M University suspended its dance team after university officials received a complaint alleging an off-campus hazing incident involving the team. The university is currently investigating the incident. Florida A&M adopted a no-tolerance hazing policy after its drum major was tragically killed last year during a band hazing ritual.

Hazing-related injuries and deaths have been on rise across U.S. schools. Hazing occurs when a member of a group pressures a new member to participate in certain abusive, dangerous or embarrassing conduct to gain admission to or acceptance in the group.

Ford Recalls Nearly 50,000 Escape SUVs

September 6, 2012 | by Broussard, David & Moroux

Ford Motor Co. issued an international recall of nearly 500,000 Escape SUVs after the National Highway Traffic Safety Administration received 68 complaints. These complaints included reports of 13 accidents and one fatality. The recall includes the 2001 to 2004 model year Escapes.

The NHTSA says the problem is linked to an inadequate clearance between the engine cover and the cruise control cable. This defect can cause the gas pedal to stick. Ford also recalled its 2013 model year Escapes after discovering that the engines could catch fire due to a defective fuel line leak.