King, Krebs & Jurgens, PLLC

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 In the recent unpublished…more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

Highlights from the Admiralty Law Institute

The 25th Biennial Admiralty Law Institute kicked off with great success on March 11, 2015. Informative presentations continued on March 12-13, building on the theme of this year’s conference, “Symposium on Maritime Personal…more
| Civil Remedies, Energy & Utilities, Personal Injury, Zoning, Planning & Land Use, Maritime Law

Admiralty Law Institute Kicks Off in New Orleans

The Admiralty Law Institute runs from March 11-13 in New Orleans. March 11, 2015, marked the first day of the 25th Biennial Admiralty Law Institute. Held at Tulane University in New Orleans, the ALI is the oldest and largest…more
| Commercial Law & Contracts, Maritime Law

OWCP on Verge of Amending Regulations to Include Electronic Submissions

On Thursday, March 12, 2015, the Department of Labor Office of Workers Compensation Program (OWCP) filed in the Federal Register (Volume 80, No. 48) a direct final rule and request for comments with regard to changes to OWCP…more
| Labor & Employment Law, Worker’s Compensation, Maritime Law

Eighteen Percentage Spread between Pre- and Post-Judgment Interest Rates Affirmed

The current post-judgment interest rate in federal court is the infinitesimally meager rate of 0.22% (that is 22 hundredths of a percent, not 22 percent) as per statute, 28 U.S.C. § 1961(a)…more
| Civil Remedies, Commercial Law & Contracts, Maritime Law

Eleventh Circuit Refuses to Apply International Safety Management Code as Basis for Vessel Negligence

In John Horton v. Maersk Line, Limited, Case No. 14-14450 (11 Cir., 02/27/2015) the 11th Circuit issued an unpublished decision finding that the International Safety Management Code (the “Code”) did not create vessel duties to a…more
| Personal Injury, International Law & Trade, Maritime Law

Fifth Circuit Clarifies Rules on Seamen Who Provide False Information During Pre-Employment Physicals

The U. S. Fifth Circuit recently held that an injured seaman was precluded from recovering maintenance and cure where he intentionally provided false information during a pre-employment physical conducted by a previous employer…more
| Labor & Employment Law, Maritime Law

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
| Civil Procedure, Labor & Employment Law, Personal Injury, Maritime Law

Fifth Circuit: No Overtime Pay for Crewmember Tankermen

On November 13, 2014, the U.S. Fifth Circuit Court of Appeals held in Coffin v. Blessey Marine Services, Incorporated, Case No. 13-20144, that individuals who loaded and unloaded tank barges as part of their duties as crew of a…more
| Civil Procedure, Labor & Employment Law, Maritime Law

Greece Initiates Offshore Oil and Gas Tender Process

Greece has initiated its tender process for offshore oil and gas (hydrocarbons) exploration as of August 26, 2014. The Greek Ministry of Environment, Energy and Climate Change is seeking bid applications for its offshore oil and…more
| Energy & Utilities, Zoning, Planning & Land Use, International Law & Trade

UPDATE: Punitive Damages for Jones Act Seamen are not “Pining for the Fjords, they’re Dead”!

On September 25, 2014, the en banc Fifth Circuit, in McBride v. Estis Well Serv., L.L.C., No. 12-30714 (5th Cir. Sept. 25, 2014), concluded in a brief opinion that the Supreme Court’s decision of Miles v. Apex Marine Corp., 498…more
| Civil Procedure, Energy & Utilities, Maritime Law

Don’t Stress, You’re Not Covered: Court Denies Recovery Under Jones Act for Work-Related Stress

The Eleventh Circuit in Skye v. Maersk Line, Ltd. held seamen cannot recover for work-related stress under the Jones Act. Is work-related stress starting to take its toll?…more
| Labor & Employment Law, Worker’s Compensation, Maritime Law

Which Ground for Federal Jurisdiction is the Safest in Dredging Cases?: Board of Commissioners of the Southeast Louisiana Flood Protection Authority - East v. Tennessee Gas Pipeline Co., LLC et al.

The Eastern District of Louisiana recently denied the Board of Commissioners of the Southeast Louisiana Flood Protection Authority-East’s (Plaintiff) Motion to Remand its suit against 92 oil and gas companies back to state…more
| Civil Procedure, Energy & Utilities, Environmental Law, Personal Injury, Maritime Law

New Definition of Waters Protected Under the Clean Water Act Proposed

The Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (Corps) have proposed a new rule defining the scope of waters protected under the Clean Water Act (CWA)…more
| Energy & Utilities, Environmental Law
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Contact: Steven Rossi

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