Mooney, Jr. v. W&T Offshore, Inc. et al
| Robert Wayne Mooney, Jr. |
| Matterhorn Seastar, W&T Offshore, Inc. and Offshore Services of Acadiana, LLC |
| 2:2012cv00969 |
| April 16, 2012 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| Orleans |
| Lance M Africk |
| Daniel E. Knowles |
| Marine |
| 46 U.S.C. ยง 30104 |
| None |
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Filing
48
ORDER AND REASONS granting 20 MOTION for Partial Summary Judgment. Mooney's claims against W&T and in rem claims against the MATTERHORN SEASTAR are DISMISSED WITH PREJUDICE to the extent that they are predicated on (1) alleged negligence und er the Jones Act, the general maritime law, or alternatively under the "vessel negligence" provisions of the LHWCA; (2) the alleged unseaworthiness of the MATTERHORN SEASTAR; (3) the alleged failure to pay maintenance and cure; (4) the re covery of punitive damages emanating from the alleged failure to pay maintenance and cure; and (5) the recovery of attorney's fees for the alleged failure to pay maintenance and cure. FURTHER ORDERED that Mooney's remaining claims are governed by the Outer Continental Shelf Lands Act, 43 U.S.C. 1331, et seq., including the substantive law of Louisiana, the adjacent state to MC 243 and the MATTERHORN SEASTAR. Signed by Judge Lance M Africk on 3/6/2013.(blg)
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