Kurt D. Engelhardt

Hill v. HORNBECK OFFSHORE SERVICES, INC.

District Court, E.D. Louisiana · 2011-06-30 · cited 8×

In this case, plaintiff Daniel Hill, a seaman employed by Hornbeck Offshore entities, sued for negligence and unseaworthiness after alleged injuries aboard vessels in 2008 and 2009, asserting claims under the Jones Act and general maritime law. The defendants moved to compel arbitration based on agreements contained in electronic incentive contracts (restricted stock units and cash payments) that Hill had signed between 2007 and 2010. The court granted the motion, finding that the agreements were valid under the Federal Arbitration Act and Louisiana contract law, that the dispute fell within their scope, and that they were not part of an exempt seaman employment contract because acceptance was not a condition of continued employment. The court rejected arguments based on timeliness, electronic formation, and public policy, noting the strong federal policy favoring arbitration.

labor & employmentprocedure

In Re Fema Trailer Formaldehyde Products Liability Litigation

District Court, E.D. Louisiana · 2011-01-25 · cited 1×

This case involves a dispute between North American Catastrophe Services, Inc. (NACS) and its insurer Northfield Insurance Company over whether Northfield had a duty to defend NACS in lawsuits alleging damages from formaldehyde exposure in emergency housing units procured for FEMA. NACS sought a declaratory judgment that Northfield must provide a defense under its commercial general liability policy, while Northfield argued that a total pollution exclusion barred coverage. The court determined that Florida law governs the insurance contract and that the pollution exclusion unambiguously applies to the claims of bodily injury from formaldehyde fumes. Accordingly, the court denied NACS's motion for partial summary judgment and granted Northfield's cross-motion, ruling that Northfield has no duty to defend.

torts & liabilitybusiness & regulatory

In Re Fema Trailer Formaldehyde Products Liability Litigation

District Court, E.D. Louisiana · 2010-06-23

Battaglia v. Gulf Stream Coach, Inc.

District Court, E.D. Louisiana · 2010-01-04

Hinson v. M/V CHIMERA

District Court, E.D. Louisiana · 2009-09-24 · cited 1×

In Re Fema Trailer Formaldehyde Products Liability Litigation

District Court, E.D. Louisiana · 2009-05-29 · cited 6×

Affiliations

Decision record

Kurt D. Engelhardt

Affiliations

Decision record