Maritime Proctor Blog
As a practicing attorney at Chamberlain Hrdlicka in Houston, the focus of my practice is two-fold: I represent companies and individuals in civil litigation. I also do extensive work (of both a litigation and transactional nature) in the Admiralty, Maritime, and Energy fields.
I have been licensed to practice law since 2003. During that time, I've first and second chaired several trials to verdicts, as well as handled hundreds of other cases to amicable resolutions.
I'm a product of public schools, specifically Friendswood High School in Friendswood, Texas (Class of 1996), The University of Texas at Austin (BA-2000), and The University of Texas School of Law (JD - 2003).
Texas Super Lawyers magazine named me as a “Texas Super Lawyer” in the field of Transportation/Maritime Law in 2019 and 2020. Prior to turning 40, I was recognized by Super Lawyers as a Transportation/Maritime Law “Rising Star” from 2011-2018. In the past, both H-Texas Magazine and Houstonia Magazine named me as a “Top Lawyer in Houston” in the field of Admiralty and Maritime Law.
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We continue our discussion of one of the oldest remedies available to a personal injury plaintiff – that of maintenance and cure.
Last week, we began with an overview of maintenance and cure benefits, and analyzed a new Fifth Circuit decision concerning cross-claiming defendants and whether one had to partially or totally indemnify the other for payments made of maintenance and cure, even if the injury for which the payments were made was deemed unrelated to the accident giving rise to the litigation. In the decision of In re 4-K Marine, L.L.C.,[1] the Fifth Circuit said such was not ...
It’s another #MaritimeMonday, so we will continue our discussion of maintenance and cure benefits. Two weeks ago, we analyzed a recent decision from the Fifth Circuit – In re 4-K Marine, L.L.C.,[1] after a brief overview of the nuts and bolts of a maintenance and cure claim. Last week we discussed defenses to a claim for maintenance and cure benefits.
Today, we focus on a framework articulated by the Fifth Circuit over 30 years ago – the three-tiered damages model for maintenance and cure. Notably, the 4-K Marine panel reaffirmed the viability of that decision, Morales v. Garijak ...