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Kristin Lausten Lawyer

Ezkovich & Co. Files Petition for Certiorari to United States Supreme Court in Maritime Contracts Case

Alan D. Ezkovich and Kristin M. Lausten of Ezkovich & Co., counsel of record for Larry Doiron, Inc. and Robert Jackson, filed a Petition for Certiorari with the United States Supreme Court in Larry Doiron, Inc., et al., v. Specialty Rental Tools & Supply, L.L.P., et al. seeking review of the Fifth Circuit’s en banc decision.   Despite the district court sitting as a court in […]

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Kristin Lausten Lawyer

Riverboat Casino is Not a “Vessel” Under New Orleans Maritime Law

General maritime law in New Orleans and in Louisiana applies only to “vessels.” Congress has defined “vessel” as “every description of water-craft or other artificial contrivance used, or capable of being used, as a means of transportation on water.” See 1 U.S.C. § 3. According to longstanding US Supreme Court case law, a “vessel” must […]

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Kristin Lausten Lawyer

Opioid Manufacturers in Louisiana: The “Learned Intermediary” Doctrine

As the opioid crisis continues unabated, pharmaceutical companies and opioid manufacturers are facing an increasing number of lawsuits. Dozens of states, counties, and city governments have sued opioid manufacturers seeking money damages for what they claim are the government-paid costs caused by alleged false and misleading marketing practices. The US Justice Department has recently decided […]

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Kristin Lausten Lawyer

Opioid Crisis: How Doctors and Hospitals Can Help Defend Themselves from Legal Liability

The opioid crisis is here and it shows no particular sign of dissipating. In 2015, more than 33,000 people died from opioid abuse and many of those were from abuse of prescription opioids. The number exceeded 60,000 in 2016. Opioids have been described as “the deadliest drug crisis in American history.” Physicians, hospitals, and healthcare […]

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Kristin Lausten Lawyer

Defending Unseaworthiness Claims: Fifth Circuit’s No-Punitive-Damages Decision in McBride Rejected by Ninth Circuit

In general, punitive damages are an available remedy for most claims under general maritime law, but not under some statutory schemes like the Jones Act. However, for general maritime law, an exception was created a few years ago by the Fifth Circuit for unseaworthiness claims. See McBride v. Estis Well Service, LLC, 768 F. 3d […]

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Kristin Lausten Lawyer

Defending Louisiana Environmental Litigation: Using Mineral Servitude Prescription Period

In New Orleans and elsewhere in Louisiana, claims with respect to environmental contamination and injury to real estate, or immovable property, can arise under Louisiana Revised Statutes 31:22 which states: “The owner of a mineral servitude is under no obligation to exercise it. If he does, he is entitled to use only so much of […]

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Kristin Lausten Lawyer

Defending Maritime Cases: The Shipowner’s Limitation of Liability Act

Many seafaring ship owners and shipping companies are probably familiar with the federal Shipowner’s Limitation of Liability Act (“LOLA”), 46 U.S.C. §§ 30505-30513. Arguments have been made that LOLA is applicable to small crafts, as well. See, for example, Keys Jet Ski, Inc. v. Kays, 893 F. 2d 1225 (11th Cir. 1990) (“Absent congressional determination […]

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Kristin Lausten Lawyer

Insurance Defense: Opioids are a “Product”

 The opioid crisis in New Orleans and Louisiana is real and is being taken very seriously at all levels of the government, including the courts. The crisis is leading to a myriad of litigation including actions for: Wrongful death Malpractice – mis-prescribed and overprescribed opioids Product liability False and misleading advertising Violation of state and […]

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Kristin Lausten Lawyer

Defending Louisiana Environmental Litigation: What is the Prescription Period?

 In New Orleans and elsewhere in Louisiana, any claim for environmental contamination or injury to real estate — immovable property — must be brought within the one-year liberative prescription period of LSA Civ. Code, Art. 3493. Article 3493 states that the one-year period “commences to run from the day the owner of the immovable acquired, […]

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