Federal Court Removal

The New Removal Regime

Matthew H. Ammerman | Essay This Essay will focus on (1) changes to the statutes governing removal of lawsuits by the “Federal Courts Jurisdiction and Venue Clarification Act of 2011” (Clarification Act) and (2) how those changes have been interpreted by courts within the United States Court of Appeals for the Fifth Circuit’s jurisdiction. The Clarification Act […]

He Does Not Deserve It, but You Can’t Have It Back: The Right to Restitution in the Face of a Successful McCorpen Defense

After five years and $276,263.36 in payments, Transocean Deepwater, Inc., discovered that Wallace Boudreaux had no right to maintenance and cure. Boudreaux failed to disclose a previous back injury, which he allegedly injured while working for Transocean. Acknowledging a valid McCorpen defense, the district court granted Transocean’s unopposed motion for partial summary judgment on Boudreaux’s […]

One Expensive Promise: The Fourth Circuit Broadens Shipowner Liability Under the Longshore and Harbor Workers’ Compensation Act in Bunn v. Oldendorff Carriers GmbH & Co. KG

On a wintry February night in Baltimore, Maryland, Richard Bunn went to work for stevedore CNX Marine Terminals, Inc., which was assigned the job of loading a vessel owned by Oldendorff Carriers GmbH & Co. KG. Before Bunn began his work that night, CNX’s shift supervisor boarded the ice-covered ship to tell its chief officer […]

Muddying Murky Waters: The Fifth Circuit’s Indecision in Barker v. Hercules Offshore, Inc., Leaves Choice of Law Under OCSLA and Zone-of-Danger Theory Under Maritime Law Unanswered

Francis Barker stood a mere two feet from the pollution pan of a jacked-up drilling unit when the pan and his coworker Frank Broussard plunged 100 feet into the water below. Barker and Broussard were employed by a company that contracted with Hall-Houston Exploration II, L.P., to install a well casing on a jack-up rig […]