News & Analysis as of

Personal Injury Transportation Maritime

Read Personal Injury Law updates, news, and legal commentary from leading lawyers and law firms:

Ninth Circuit Confirms That the Turnover Duty Under the Longshore and Harbor Workers’ Compensation Act Includes a Duty to Inspect...

by Lane Powell PC on

Murray v. Southern Route Maritime, SA et al., No. 14-36056 (9th Cir. 2017), relates to an on-the-job injury. The plaintiff, Roger Murray, was employed as a longshoreman wherein he was working on the defendants’ vessel. On...more

Fourth Circuit Holds Zone of Danger Test Does Not Apply to Award of LHWCA Benefits

by Lane Powell PC on

In January, a panel of the Fourth Circuit considered whether the “zone of danger” test outlined by the U.S. Supreme Court in Consolidated Rail Corp. v. Gottshall, 512 U.S. 532 (1994) is applicable to a longshoreman’s claim...more

To Hell With “Oh, Hell, Why Not” – The Fifth Circuit en banc Reverses Estis v. McBride Well Service, L.L.C.

by Baker Donelson on

In a much anticipated ruling, the Fifth Circuit en banc has reversed the original panel ruling in Estis v. McBride Well Service, L.L.C., 731 F.3d 505 (5th Cir. 2013), which sent shockwaves through the maritime bar and...more

TRANSACTIONAL: Transactions: Amendments to 1976 LLMC Convention Increase Maritime Accident Exposure for LNG Vessel Owners –...

by King & Spalding on

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

Geoffrey Scimone v. Carnival Corporation

Order Affirming Denial of Defendant's Motion for Removal

by Santiago Cueto on

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

FANE LOZMAN v. THE CITY OF RIVIERA BEACH, FLORIDA

U.S. Supreme Court Decision

by Michelle Otero Valdes on

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. ...more

Impact of NSW Workers Compensation Changes on the Maritime Sector

by Nathan Cecil on

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

Deal in the works to keep Avondale Shipyard open past 2013

by Hissey Kientz LLP on

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

U.S.S.C. Rules that Carrier Negligence Does Not Incorporate Proximate Cause Standard

by Michelle Otero Valdes on

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

Resort Torts: Vacation, Resort and Recreational Liability

by John Leighton on

Resort Torts: Vacation, Resort and Recreational Liability is the publication following John Elliott Leighton's 2nd Annual Resort Tort seminar in Miami, Florida. The seminar, moderated by Brenda Shapiro, Esq., focuses on...more

What to Do When Injured on a Cruise Ship

by Charles Moure on

If you have been injured while a cruise ship passenger on a cruise, there is a good chance the cruise line is responsible for your injury and you should consider securing compensation for your injury. This article explains...more

Resort Torts - Identifying Deadly Dangers for Tourists

by John Leighton on

Article authored by John Elliott Leighton on identifying Resort Torts -- those injuries as a result of vacation, leisure and transportation activities. Published in the South Floridfa Legal Guide in 2009....more

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