John Elliott concentrates his practice in the defense of maritime law claims. John received a Tankerman license and worked on tugboats/barges during the summer months while attending undergraduate school at McNeese State University in Lake Charles, Louisiana. He graduated in Mechanical Engineering and worked 13 years as an engineer for Halliburton before graduating cum laude from the South Texas College of Law in 1991.
John’s experience in the offshore industry greatly benefits his legal career in defending maritime claims. John is admitted to practice in the U.S. Supreme Court, the U.S. Circuit Court of Appeals for the Fifth Circuit, the U.S. District Court for the Eastern and Southern Districts of Texas, and all Texas state courts.
John has obtained impressive results for his clients including the following:
- Successfully argued in Tarver vs. Bo-Mac Contractors, Inc., 384 F.3d 180 (5th Cir. 2004), cert. denied 125 S.Ct. 1696 (2005) that there was no jurisdiction under the Longshore & Harbor Workers Compensation Act, 33 U.S.C. 901 et seq
- “Successfully argued in BPU Management, Inc. v. Director, OWCP, (David Martin) 732 F.3d 457, 47 BRBS 39 (CRT) (5th Cir. 2013), that there was no jurisdiction under the Longshore & Harbor Workers Compensation Act, 33 U.S.C. 901 et seq. This was the first appellate court decision to support the idea of a vertical demarcation in the functional component to Longshore situs.”
- Successfully argued on appeal in Bockman v. Patton-Tully Transportation Co., 41 BRBS 34 (2007) that a Claimant’s release of an employer-owned vessel constitutes an unapproved settlement for purposes of Section 33(g) of the Longshore & Harbor Workers Compensation Act, 33 U.S.C. 901 et seq.
- Won, and defended on appeal, a take nothing decision for the Employer/Carrier in Simmons v. Coastal Great Southern, Inc., BRB No. 03-0787, Case No. 2002-LHC-663 (2004).
- Obtained a summary judgement dismissal on vessel status and seaman status in New JerseyCivil Action HUD-L-4671-07,Ana Pena v. Port ImperialFerry Corporation,N.J. Sup.Ct 2009)
- Obtained summary judgment on vessel status for the defendant in Leonard v. Transocean, 189 F.Supp.2d 627 (S.D. Tex. 2002).
- Obtained summary judgment on vessel status for the defendant in Hall vs. Environmental Chemical Corporation, 90 F.Supp. 794 (S.D. Tex. 2000).
- Obtained a take-nothing dismissal of defendant in a Jones Act personal injury action subsequent to filing a Motion for Summary Judgment in Civil Action 3:07-cv-178; Kevin Jones v. Francis Drilling Fluids, Ltd., et al (2008); In the United States District Court for the Southern District of Texas, Galveston Division.
- Obtained a take-nothing dismissal of defendant in a Jones Act personal injury action subsequent to filing a Motion for Summary Judgment in Civil Action No. 1:07-cv-51; Filiberto Espinoza v. The Nacher Corporation; In the United States District Court for the Eastern District of Texas, Beaumont Division (2007).
- Won a take nothing decision for the Employer/Carrier in Johnson vs. MacNett Environmental Services, Inc., 2003-LHC-2429 (2004)
- Won a $300,000 reimbursement from the Special Fund in Bowen v. MacHunt Corp., Case No. 2005-LHC-195 before the U.S. Department of Labor, Office of Administrative Law Judges