Scenarios and Legal Maritime Analysis for C-Retriever Ship Officer Kidnappings
Captain Phillips' Crew Lawsuit Has No Merit
Ten Points to Rationalize and Restart the United States Maritime Industry
Maritime Reflections: Panama
Maritime Reflections: Transportation Worker Identification Credential (TWIC)
What is the state of Anti-Piracy Efforts and Armed Guards on Vessels?
Evaluation of TWIC Hearing held by Committee on Transportation and Infrastructure
Asteroid Mining in Space: Is it Legal?
Fifth Circuit Affirms Jury Finding for Land-Based Worker to be Covered by Jones Act but Reverses Award of Emotional Damages in Naquin v. Elevating Boats LLC, No. 12-31258 (5th Cir., 3/10/14)....more
In a ruling that will likely send shockwaves through the maritime industry and be considered a landmark decision in years to come, a divided panel of the Fifth Circuit in Naquin v. Elevating Boats, L.L.C., --- F.3d ---,No....more
As originally discussed in a recent post on Striding the Quarterdeck (December 9, 2013), amendments to 28 U.S.C. §1441 have effected a sea-change in admiralty procedure by ostensibly allowing removal of general maritime law...more
When the cargo vessel “Irene EM” grounded on 30 October 2009 in the Gulf of Khambhat, underwriters declined cover as the loss was not caused by a peril of the sea.
The term “perils of the seas” refers only to...more
The United States Court of Appeals for the Second Circuit in American Petroleum & Transport, Inc. v. New York, 2013 WL 6332548 (2d Cir. Dec. 6, 2013) recently - albeit reluctantly - joined the fleet of other federal circuit...more
The U.S. Fifth Circuit Court of Appeals recently concluded that Jones Act seamen can recover punitive damages for their employer’s willful and wanton breach of the general maritime duty to provide a seaworthy vessel, in...more
The Convention of Liability for Maritime Claims 19 November 1976 ("1976 LLMC" or the "Convention"), as amended by the Protocol of 1996, is a convention designed primarily to limit liability for shipowners for maritime...more
The scenario may be all too familiar. A vessel owner is involved in a commercial relationship with a valuable customer, when a marine casualty involving the vessel occurs....more
A B.C. ship’s navigator has been sentenced to four years after he was convicted of criminal negligence causing death for dereliction of duty leading to his ship colliding with an island....more
On July 1, 2013 the U.S. Court of Appeals for the 11th Circuit held that plaintiffs in separate lawsuits could not be joined together for purposes of complying with the Class Action Fairness Act (CAFA).The Court rejected...more
Gross negligence is a focus of post-trial briefing orders in the BP oil spill litigation.
After weeks of testimony, and dramatic “reveals” of newly discovered evidence that had been hiding in labs for years, the Phase...more
An often contentious issue in maritime litigation involving both personal injury and property damage is whether the wheelman in charge of a towing vessel that exceeds 26' violated the so-called “twelve-hour rule.” According...more
In the wake of the revisited tests of vessel status by the Supreme Court in Stewart vs. Dutra Construction Company, 543 U.S. 481 (2005) and Lozman v. City of Riviera Beach, Fla., 133 S.Ct. 735 (2013), it remains to be seen...more
Jack Jurgens and Jim Bercaw succeeded in obtaining a partial summary judgment from District Judge Lance M. Africk that the MATTERHORN SEASTAR, a floating tension leg platform (“TLP”) secured to the Outer Continental Shelf off...more
The U.S. Supreme Court has now ruled that Lozman’s houseboat was a "floating home" and has ruled that his floating home is not a vessel.
Changes to the NSW workers compensation insurance scheme have just been passed which substantially restrict the range and reduce the level of compensation available to injured workers in NSW.
The changes are not only...more
Several media sources in the New Orleans area have reported that a deal is in the works to keep the nearby Avondale Shipyards open past its proposed 2013 closure date. According to a story published by Fox News 8, the deal...more
One of the recurring issues in handling maritime wrongful death and personal injury claims is determining what information is sufficient to start the vessel owner’s six-month deadline to file a complaint seeking...more
In One Beacon Ins. Co. v. Crowley Marine Services, Inc., ___F.3d ___, 2011 WL 3195292 (5th Cir. (Tex.) July 28, 2011), the U.S. Court of Appeals for the Fifth Circuit upheld an insurer's denial of coverage for a party not...more
In CSX TRANSPORTATION, INC. v. MCBRIDE, the U.S. Supreme Court has held that the Federal Employers' Liability Act, which the Jones Act incorporates, does not incorporate “proximate cause” standards developed in...more
Alan Bartholomew v. SeaRiver Maritime, Inc. Court of Appeal, First District (March 16, 2011)
Alan Bartholomew was employed between 1977 and 1980 as a marine machinist at West Winds, a maritime ship repair contractor. He...more
This is the scholarly writing paper that I wrote for my Law of the Seas class. It looks at the Gulf Coast oil spill of 2010 and relates international and national law to it....more
TWo untamed elephants are in the room: piracy and liability. Taming liability controls piracy. Here is how. Piracy unites to protect owners in investments; labour in lives; states in trade; and law in civil safety and...more
How far does the obligation of a duty of care regarding safety onboard a ship go?
In this decision of the NSW Court of Appeal it was held that the owner and operator of a ship can be jointly liable for breach of duty of care...more
Looking for a maritime lawyer to handle a Jones Act maritime case? This article discusses the 3 'must haves' for any attorney before you hire him to handle your maritime case....more
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