Here is another article by Lamothe Law Firm attorney Richard Martin that was recently published in Louisiana Association for Justice’s publication, “Louisiana Advocate.” PRE-JUDGMENT INTEREST IN FEDERAL COURT by Richard M. Martin, Jr. Prejudgment interest “is not a penalty, but compensation for the use of funds wrongfully withheld.”1 By compensating for the loss of use… Read More
Richard Martin’s Latest Article is on Jurisdiction
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,… Read More
Federal Court Doctrine Article Published
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… Read More
Federal Court Motions to Dismiss and the Standard for Overcoming Them
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… Read More
New Article Published, “Taxing Costs in Federal Court”
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… Read More
New Maritime Article – LHWCA Suit Primer
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… Read More
“Where’s Waldo?” Jurisdiction in Maritime Cases
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… Read More
LLF Richard Martin’s New Maritime Article
Here’s Richard J. Martin, Jr.’s latest maritime article recently published in the Louisiana Association for Justice’s Louisiana Advocate. JONES ACT STATUS REVISITED In Alexander v. Express Energy Services Operating, L.P., 784 F.3d 1032 (5th Cir. 2015)1, the U.S. Fifth Circuit held that a platform worker whose duties were assisted by an adjacent vessel more than… Read More
Louisiana Association for Justice Publishes Our Latest Maritime Article
Here’s the latest published article for the Admiralty Section of the Louisiana Association for Justice publication, Louisiana Advocate: Future Lost Income And Work-Life Expectancy by Richard M. Martin, Jr. Lamothe Law Firm, LLC If you represent maritime injury victims in federal court, one of your routine tasks is exchanging economic reports. Your client’s report typically… Read More
Using Ruiz v Shell Oil Company in a Jones Act Case
Attorney Richard Martin recently published another maritime article for attorneys in the Louisiana Association for Justice’s May edition of Louisiana Advocate. Both Frank Lamothe and Mr. Martin are considered some of the best admiralty and maritime lawyers in Louisiana and are extremely skilled trial lawyers. Here’s the article: Using Ruiz v. Shell Oil Company in… Read More