Philip C. Brickman

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In Rem and In Personam Claims May Be Tried Together

In rem and in personam claims may be tried together before a jury when the complaint clearly alleges diversity jurisdictio...

Invasion to Property and Actions to Mitigate Damages Satisfy the Physical Damage Requirement of the Economic Loss Rule

By: By Philip C. Brickman, Partner, Fowler Rodriguez Valdes-Fauli The U.S. Fifth Circuit Court of Appeals recentl...

U.S. Fifth Federal Circuit Holds That Terms and Conditions Posted on Websites Can Be Incorporated Into Contracts By Reference

By: Philip C. Brickman, Partner, Fowler Rodriguez Valdes-Fauli In One Beacon Insurance Company v. Crowley Marine Services,...

OP-ED: FELA Does Not Require Proximate Cause To Be Proven For a Finding Of Liability Against an Employer

by Philip C. Brickman, Partner, Fowler Rodriguez Valdes-Fauli Although this case refers to railroad carriers and not v...

U.S. Fifth Circuit Considers Meaning of Any Contractual Relationship in the Context of Third Party Defense to Liability Under OPA

Written by Philip Brickman The U.S. Fifth Circuit Court of Appeals recently provided some clarity on whether the third part...

Guest Feature: U.S. Fifth Circuit Clarifies the Point at Which a Maritime Lien is Extinguished

Written by: Philip C. Brickman The U.S. Fifth Circuit recently addressed the issue of whether a company that provided fuel...

U.S. District Court in Missouri Holds That Punitive Damages Are Available for Unseaworthiness Claims

Written by Philip C. Brickman A U.S. District Court of Missouri recently held that a seaman may seek punitive damages...

U.S. Fifth Circuit Illustrates the "Sensible" Rule for Vessel Status as Set Forth in Stewart v. Dutra

by Philip C. Brickman Earlier this year, the U.S. Fifth Circuit Court of Appeals denied a plaintiff’s appeal of...

U.S. Fifth Circuit Defines "In The Course of Employment" for Jones Act Cases

By Philip C. Brickman The U.S. Fifth Circuit Court of Appeals recently clarified the meaning of the phrase “acting in...

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