Product Liability and Worker's Compensation Issues - U.S. Fifth Circuit
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Product Liability and Worker's Compensation Issues

Chevron USA Inc. v. Aker Maritime Inc., No. 07-31117, involved an action by Chevron to recover its costs resulting from the replacement of failed bolts in an oil production facility.  The court of appeals affirmed judgment for plaintiff, holding that the evidence was sufficient for the jury to find defendant liable as an apparent manufacturer.  However, the court vacated in part on the ground that the cost of repairing a spar in the facility was not an "economic loss" under the Louisiana Products Liability Act, and thus plaintiff was not entitled to attorney's fees.

Craven v. Director, Office of Wkrs. Comp. Programs, No. 09-60361, concerned a petition for review of the Benefits Review Board's denial of petitioner's appeal to the Board.  The court of appeals dismissed the petition on the ground that, a result of petitioner's failure to exhaust his administrative remedies, the court of appeals had no final order from the Board to review.

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