Personal Injury Maritime Labor & Employment

Read Personal Injury Law updates, news, and legal commentary from leading lawyers and law firms:
News & Analysis as of

When In Doubt, File the Limitation Complaint (Part III): The Test Is Reasonable Possibility

On December 3, 2014, the Fifth Circuit, in In re: RLB Contracting, Inc., No. 14–40326 (5th Cir. Dec. 3, 2014), concluded that an ongoing exchange of correspondence between counsel for a dredge involved in a maritime casualty...more

Fifth Circuit Maritime Case Will Set National Standard

In McBride v. Estis Well Service LLC, a divided Fifth Circuit sitting en banc held that punitive damages are not recoverable by an injured seaman or his heirs under the Jones Act or general maritime law of...more

Maritime Bulletin: Fifth Circuit Rules on McBride

The Fifth Circuit issued its en banc decision in Estis v. McBride Well Service, LLC, No. 12-30714 (5th Cir. September 25, 2014) and ruled that a Jones Act seaman’s recovery is limited to pecuniary losses where liability is...more

That’s Not My Kid! Board Clarifies Definition Of “Child” Under The Longshore Act

On February 25, 2014, the Benefits Review Board rendered its decision in Smith v. Mt. Mitchell, LLC, ____BRBS____ (D.O.L. Ben. Rev. Bd. Feb. 25, 2014), which affirmed an Administrative Law Judge’s decision and order,...more

All That Floats is Not A Boat: Eastern District of Louisiana Jettisons Fifth Circuit’s Holmes Decision, Rules That Quarter Barge...

The three men in the tub will no longer have recourse to the federal courts’ admiralty jurisdiction, at least not in the Eastern District of Louisiana. In Martin v. Fab-Con, Inc., 2014 WL 1246073 (E.D. La. Mar. 24, 2014) – a...more

The Removal of the Ancient Mariner - Reprising a Sea-Change in Admiralty Law

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

Ship’s Navigator Sentenced To Four Years For Criminal Negligence

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

Working Hard Or Hardly Working? The Definition Of “Rest” And Towing Vessel Work-Hour Limitations

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

I’ll Take “Not A Vessel” for $600, Alex: What Is A Tension Leg Platform?

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

Impact of NSW Workers Compensation Changes on the Maritime Sector

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

Weekly Law Resume - May 19, 2011: Torts - Ship Owner Has No Duty to Warn Maritime Contractor Employees of Asbestos-Related Hazards...

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

Louisiana Maritime Attorney Comments on Jones Act Arbitration

The Terrebonne and Harrington decisions indicate that the courts are inclined to enforce arbitration clauses in agreements between seamen and their employers under circumstances where the agreement is not part of the...more

12 Results
|
View per page
Page: of 1

Follow Personal Injury Updates on: