Article by Matthew J. Tonglet
This Note explores the Fifth Circuit’s decision in Poincon v. Offshore Marine Contractors, Inc., in which the court reversed a lower court finding that “a first accident’s maintenance and cure obligation ends where a second accident’s begins.” The Fifth Circuit permitted a defendant shipowner to seek contribution from another shipowner for maintenance and cure paid to the plaintiff. This Note outlines the history and development of the policy rationale behind contribution and indemnification in maintenance and cure claims and argues that the Fifth Circuit’s decision supports the underlying equitable principles of maintenance and cure.
About the Authors
Matthew J. Tonglet, J.D. candidate 2023, Tulane University Law School; B.S. 2019, Florida State University. Thank you to the members and staff of Tulane Law Review for your guidance, feedback, and encouragement.
Citation
96 Tul. L. Rev. 803 (2022)