PERSONAL JURISDICTION OVER A FOREIGN DEFENDANT by Richard M. Martin, Jr. Your new maritime personal injury client, Bob, has presented you with the following unusual set of facts.  Do you tell him there is no jurisdiction?  Or do you file suit in a favorable jurisdiction? Let’s explore the facts first: 1.  Bob is from Mississippi,…

WHAT IS THE FEDERAL COURT FORUM NON CONVENIENS DOCTRINE? Published in the Louisiana Association for Justice, “Louisiana Advocates” by Richard M. Martin, Jr. Lamothe Law Firm, LLC With respect to defining the doctrine of forum non conveniens, the Fifth Circuit has explained: “Although the plaintiff’s choice of forum should not ordinarily be disturbed, the doctrine…

Our attorney, Richard Martin, will be a speaker at the Louisiana Association for Justice’s 2017 “High Stakes on the High Seas” Maritime Law Conference in August. He will be educating his fellow attorney colleagues on the subject of “Personal Jursidiction Under the Federal Procedure Rules.” Richard is a veteran trial lawyer with over 30 years…

Lamothe Law Firm attorneys have over 100 years of combined experience practicing in federal court. Richard Martin recently wrote an article for other attorneys on “Legal Standards for Federal Rule of Civil Procedure 12 Motions to Dismiss” for the Louisiana Association for Justice publication, Louisiana Advocates. Here is the article in its entirety. LEGAL STANDARDS…

Here is Richard Martin talking about why he became an attorney.

A win for Lamothe Law Firm attorney Richard Martin and our client! Defense motions to dismiss were denied March 20, 2017 in Willis D. O’Berry vs. ENSCO PLC, et al., No. 16-3569 “E” (E.D. La.). Mr. O’Berry, a Jones Act seaman from Mississippi, was injured during required helicopter escape at sea certification. The injury took…

Lamothe Law Firm attorney Richard Martin recently published an article in the Louisiana Association for Justice publication, Louisiana Advocates.  Mr. Martin is a veteran trial lawyer with over 30 years of experience handling personal injury and wrongful death cases including maritime, Jones Act, automobile, product liability, aviation and pharmaceutical claims.  Mr. Martin has tried and…

LLF attorney Richard Martin will be giving a Maritime Law 101 seminar as Continuing Legal Education to other attorneys this month.   This Maritime CLE will be part of the Louisiana Association of Justice “CLE á la Carte New Orleans” program at the Windsor Court Hotel on December 29, 2016.

THE LONGSHOREMAN AND HARBOR WORKERS COMPENSATION ACT AND ISSUES WHICH AFFECT DAMAGE RECOVERY BY THE PLAINTIFF by Richard M. Martin, Jr. The Longshoremen and Harbor Workers Compensation Act (“LHWCA”),1 allocates the costs of industrial accidents through a compromise between the rights of employees and employers that is typical of many workers’ compensation schemes: an injured…

General and Rule 4(k)2 Jurisdiction by Richard M. Martin, Jr. Most of the time, thankfully, our Jones Act clients work in the Gulf of Mexico aboard locally-owned vessels. But that’s not always the case. Sometimes, your American client has a Jones Act employer which claims to be, e.g., from the Cayman Islands, while its corporate…

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