King, Krebs & Jurgens, PLLC

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James D. Bercaw

But I’m Not Dead Yet! Punitive Damages For Unseaworthiness Claims Live On

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 McBride…more

Jones Act, Punitive Damages, Vessels, Willful Misconduct

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Brent Burns

Bad Faith Insurance Alert: Louisiana Courts Weigh In On Bad Faith Claims Involving Suspicious Thefts

Insureds do not present fraudulent claims and then simply admit to it during the claim adjustment. Thus, insurers often find themselves in the uncomfortable dilemma of denying payment on a suspicious claim and risking bad faith…more

Bad Faith, Fraud, State Farm, Theft

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J. Grant Coleman

IRS Announces Deadline to Make 2012 Charitable/IRA Rollovers

On January 16, 2013, the IRS issued a notice (IR-2013-6) advising that certain IRA owners have a limited time to make tax-free transfers to eligible charities and have them count for 2012. IRA owners age 70½ or older have until…more

American Taxpayer Relief Act, Charitable Donations, Charitable Rollover, Income Taxes, IRA

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Joseph A. Devall, Jr.

Validity And Enforceability Of Seaman’s Release

The recent ruling in Double J. Marine, LLC v. Matthew Nuber, No. 13-5825 (E.D. La. Dec. 11, 2013) serves as a key reminder that employers need to be mindful that courts scrutinize release agreements as seamen are the wards of…more

Bodily Injury, Federal Admiralty Law, Release Agreements

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Benjamin Gonsoulin

Maritime Attachment And Arrest . . . What Are They And Why Should I Care?

“A ship may be here today and gone tomorrow, not to return for an indefinite period, perhaps never. Assets of its owner . . . within the jurisdiction today, may be transferred elsewhere or paid off tomorrow.”…more

Arrest, Liens

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George Jurgens, III

Jurgens And Bercaw Establish A Tension Leg Platform Is Not A Vessel

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

Jones Act, LHWCA, Tension Leg Platform, Vessels, Workplace Injury

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Joanne Mantis

Greek Tonnage Tax Imposed On Foreign-Flagged Vessels

Greece has finally imposed a tonnage tax on foreign-flagged vessels operated by shipping companies in Greece. It already had been taxing Greek-flagged ships, and the nation’s debt crisis left the government with no other choice…more

Economic Downturn, EU, Shipping, Tax Assessment

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Douglas Matthews

A SPAR Is Not A Vessel, But Is A SPAR A Building?

Are SPAR platforms immoveable buildings? On April 9, 2014, Judge Rebecca Doherty issued a memorandum ruling in Hefren v. Murphy Exploration & Production Co., USA, et al., that they are, meaning in Louisiana a five-year window to…more

Building Standards, SPAR, Vessels

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Megan Misko

Gross Negligence The Focus Of BP Oil Spill Post-Trial Briefing Order

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 One…more

Gross Negligence, Gulf Oil Spill, Testimony

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Andrew J. Quackenbos

Offshore Fairness Act Proposes Extending States’ Offshore Jurisdiction

The offshore jurisdiction of states in the southeastern U.S. could triple in the relatively near future. Two Louisiana Congressmen, U.S. Sen. David Vitter and U.S. Rep. Bill Cassidy, recently introduced companion bills styled as…more

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Robert Stefani

Designated Entity Clauses — No Substitute For Knowing Who You Are Dealing With

With increasing frequency, parties to charters and other maritime contracts are including so-called Designated Entity Clauses or “OFAC” provisions. These clauses have the aim of complying with sanction programs such those…more

EU, Multinationals, OFAC, United Nations

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David Strauss

Bad Faith Insurance Alert: Louisiana Courts Weigh In On Bad Faith Claims Involving Suspicious Thefts

Insureds do not present fraudulent claims and then simply admit to it during the claim adjustment. Thus, insurers often find themselves in the uncomfortable dilemma of denying payment on a suspicious claim and risking bad faith…more

Bad Faith, Fraud, State Farm, Theft

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