King, Krebs & Jurgens, PLLC

Proposed LHWCA Maximum Compensation Change May Concern Some Employers

The Office of Workers’ Compensation Programs, Department of Labor, posted proposed rules affecting section 906 of the Longshore and Harbor Workers’ Compensation Act 33 U.S.C. § 901 et seq., Federal Register, Volume 81, No. 166,…more
| Labor & Employment Law, Maritime Law, Worker’s Compensation

OCSLA Coverage for Land Injuries Has Limits

James Baker, Jr. v. Director, OWCP; Gulf Island Marine Fabricators, LLC, U.S. Fifth Circuit No. 15-60634 (August 19, 2016). In this case the Court of Appeals affirmed the Administrative Law Judge’s (ALJ) determination that Mr…more
| Civil Procedure, Labor & Employment Law, Maritime Law

Coast Guard Issues Inspection of Towing Vessels Final Rule

The U.S. Coast Guard Inspection of Towing Vessels Final Rule under 46 CFR Subchapter M takes effect on July 20, 2016. The Rule, published this week, has its roots in the Coast Guard and Maritime Transportation Act of 2004, and…more
| Maritime Law

Liar, Liar, Pants on Fire! Preventing the Application of the Section 20(a) Presumption with Surveillance

The recent decision of the U.S. Court of Appeals for the Fifth Circuit in Bis Salamis, Inc. v. Director, OWCP (Joseph Meeks), No. 15-60148 (March 17, 2016), highlights how the defense to a claim under the Longshore and Harbor…more
| Administrative Law, Civil Procedure, Labor & Employment Law, Maritime Law

Punitive Damages Only Mostly Dead Under General Maritime Law

Following the Fifth Circuit’s opinion in McBride v. Estis Well Service, 768 F.3d 382, 391 (5th Cir. 2014), we reported that punitive damages had “expired and gone to meet their maker” when it comes to Jones Act seamen. As it…more
| Civil Procedure, Civil Remedies, Labor & Employment Law, Maritime Law

Is Choice of Law Subject to Waiver? Fifth Circuit Petitioned for En Banc Rehearing

On March 10, 2016, I reported on the Fifth Circuit’s opinion in Petrobras America, Inc., et al. v. Vicinay Cadenas S.A., No. 14-20589 (03/07/16), where the Fifth Circuit addressed the waivability of OCSLA’s choice of law…more
| Civil Procedure, Energy & Utilities, International Law & Trade

OCSLA Choice of Law Provision is Paramount

This week The United States Fifth Circuit Court of Appeals in Petrobras America, Inc., et al. v. Vicinay Cadenas, S.A., No. 14-20589 (03/07/16) addressed in further detail whether the choice of law provision under the Outer…more
| Civil Procedure, Energy & Utilities, Maritime Law

Offshore Supply Vessel Market Turnaround May Be In Sight, But You Need a Long Telescope to See It

I attended an excellent conference on March 3, 2016, put on by WorkBoat® exploring the “OSV Capital Outlook for 2016 and Beyond”. The conference featured a diverse and highly experienced panel of speakers including investment…more
| Energy & Utilities, Maritime Law, Transportation

Forget the Invites, Use a Contract Instead

Many of the indemnity provisions Master Service Agreements use in the energy and construction industries contain the term “invitee” in the definition of “Owner Group” and “Contractor Group”. However, the term “invitee” is rarely…more
| Commercial Law & Contracts, Mergers & Acquisitions

Offshore Supply Vessel Tax Credit Targeted in Louisiana Governor’s Proposed Fiscal Plan

Louisiana Governor John Bel Edwards’ proposal for short term fixes for the State’s fiscal problems includes a shot at already-hurting offshore supply vessel owners/operators. OSV operators/owners currently receive a refundable…more
| Elections & Politics, Maritime Law, Taxation

Greek Shipowners Consider Exodus as Crisis Leads to Proposed Higher Taxes

Greek shipowners facing proposed higher taxes due to the Greek financial crisis are considering an exodus from the country, which would be a blow to the economy and Greek ports such as the Port of Piraeus, pictured above…more
| Maritime Law, Taxation

Seven Key Clauses in a Vessel Purchase Agreement

Vessel sales are a constant in the marine industry, even during downturns in the market. In fact, some see adverse market conditions as an opportunity to find bargains on vessels and other marine equipment. Once the buyer has…more
| Maritime Law

“In Navigation” Status for Vessels under Renovation Remains Unclear

A Texas court of appeals recently held that a drill ship undergoing a renovation for nearly two years in dry dock might still be a “vessel in navigation.” Gold v. Helix Energy Solutions Group, Inc., No. 14-15-00123-CV, (Tex…more
| Civil Procedure, Maritime Law

Future Lost Wages Decision of Note by U.S. Fifth Circuit

The U.S. Fifth Circuit recently reversed and rendered a District Court’s finding of future lost wages so that it was based on statistical work life expectancy rather than Social Security retirement age. In the recent unpublished…more
| Civil Procedure, Labor & Employment Law, Maritime Law

Are ‘Best Efforts’ Provisions Enforceable in Maritime Contracts?

Parties to maritime contracts frequently include requirements that one or the other party or both of them will use their “best efforts” to perform duties described in the contract. But they also frequently give little thought to…more
| Commercial Law & Contracts, Maritime Law
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