News & Analysis as of

Jones Act Employer Liability Issues

Adams and Reese LLP

Jones Act Employers Maintain Their Position on Maintenance and Cure

Adams and Reese LLP on

A couple of recent cases from the Eastern District of Louisiana provide useful guidance on the limits of maintenance and cure obligations. Given that failure to pay maintenance and cure can give rise to a claim for...more

Blank Rome LLP

Agreements to Arbitrate Seaman’s Personal Injury Suits Are Valid and Enforceable

Blank Rome LLP on

Advanced Wage Agreements offer to pay “advanced wages" to an injured seaman, in addition to the legal obligations to pay maintenance and cure, in exchange for the seaman agreeing to arbitrate his personal injury claim if and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Louisiana Court Rules Jones Act Claim for Mental Injury Can Proceed in Light of Noose in Maritime Workplace

Recently, the Louisiana Court of Appeal, First Circuit, in Thompson v. Cenac Towing Co., L.L.C., analyzed a trial court’s grant of summary judgment in a company’s favor after a noose-like rope was found hanging in a maritime...more

Vinson & Elkins LLP

Fishing For Coverage: Fifth Circuit’s Recent Ruling Narrows Number Of Individuals Considered “Seamen” Under The Jones Act

Vinson & Elkins LLP on

On May 11, 2021, the Fifth Circuit, sitting en banc, walked some of its precedent off the plank when it reexamined who qualifies as a “seaman” under the Jones Act. Apart from general maritime law, the Jones Act provides...more

Eversheds Sutherland (US) LLP

Run a tight ship - the false economy of cutting operational corners

On February 1, 2019, a Louisiana federal court judge awarded an injured construction worker $3.3 million, finding that, during equipment transfers between boats and barges, the practice of keeping vessels together by using...more

Baker Donelson

Naquin on the Door of a Circuit Split? Second Circuit Suggests Emerging Split from the Fifth Circuit Regarding Jones Act Seaman...

Baker Donelson on

A circuit split may be emerging after the Second Circuit Court of Appeals’ unanimous decision in Matter of Buchanan Marine, L.P., – F.3d –, No. 16-1092 (2d Cir. Oct. 27, 2017) (Kearse, Cabranes, Chin, J.) affirming a New York...more

Baker Donelson

Hercules and the Lernaean Hydra: The Hercules Removal Jurisprudence Sprouts Yet Another Head

Baker Donelson on

In yet another twist in the tortured labors of the Hercules jurisprudence regarding removal of general maritime law claims under 28 U.S.C. §1441(a), the Eastern District of Louisiana has generated a new, divergent “head” on...more

Baker Donelson

Fifth Circuit Expands Coverage of Jones Act, Rules That Shipyard Employee Injured in Shore-Based Crane Incident is a Seaman

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In a ruling that will likely send shockwaves through the maritime industry and be considered a landmark decision in years to come, a divided panel of the Fifth Circuit in Naquin v. Elevating Boats, L.L.C., --- F.3d ---,No....more

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