On April 11, 2014, our client was working as a longshoreman aboard the M/V Komatsushima Star, which was docked at Greens Port Terminal in Houston, Texas. While he was working in the hold of the ship, a bundle of heavy metal pipes that were improperly stowed fell and crushed our client’s leg. As a result, he suffered severe and permanent injuries.

M/V Komatsushima Star (Stan Laundon)

After filing suit against the ship management company, Leo Ship Management, Inc., (LSM) for failing to turn over the ship in a safe condition and for other acts of negligence, Judge Sim Lake of the United States District Court for the Southern District of Texas dismissed the case for lack of personal jurisdiction, holding that LSM did not have sufficient contacts with the State of Texas.

Our Firm appealed the decision with the assistance of Kyle Lawrence and Chad Flores of Beck Redden LLP.  On March 11, 2019, the Fifth Circuit Court of Appeals held an oral argument in New Orleans on the jurisdictional issue, which was argued by Kyle Lawrence.

Armstrong & Lee LLP partner Joshua Lee and Megan Savage with 
appellate counsel Kyle Lawrence, New Orleans, LA

On May 10, 2019, in an opinion by Judge Jerry Smith, the Fifth Circuit Court of Appeals reversed the district court’s judgment, holding that LSM “purposely availed itself of Texas when its employees voluntarily entered the jurisdiction aboard the vessel.”  The Court further reasoned that LSM “deliberately permitted its employees to enter Texas.  It may not now escape liability resulting from its considered commercial decision.”  The Fifth Circuit denied LSM’s petition for rehearing on June 4, 2019.

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Joshua Lee believes in aggressive, tough advocacy and a client-centered approach to every case. Joshua draws from a wide body of experiences and a robust understanding of the law. Joshua graduated from the New York University School of Law in New York City, which is considered among the best law schools in the world.