Much has already been written about the shockwaves reverberating from the Supreme Court’s decision in Loper Bright Enterprises, et. al. v. Raimondo, Sec. of Comm., et. al., No. 22-451, 2024 U.S. LEXIS 2882 (2024). As the...more
In Santee v. Oceaneering International, Inc., the Fifth Circuit determined that a technician for Remote Operated Vehicles (ROVs) on a drill ship, was not a seaman covered by the Jones Act but that his exclusive remedy for an...more
The shipping industry is an extensive and foundational mode of global transportation and resource distribution. The men and women who work aboard the U.S. fleet are routinely exposed to varying types of cargo, machinery, and...more
Jurisdiction: United States District Court for the Central District of California- In this action, the plaintiffs filed suit on behalf of the decedent, William Banks, in Los Angeles County Superior Court and thereafter...more
Court: United States Court of Appeals for the Fifth Circuit - Plaintiff Harry Marsh worked as a merchant mariner from 1944 to 1992. He was diagnosed with mesothelioma in 2018 and subsequently sued the owner of every vessel he...more
The Merchant Marine Act of 1920, commonly known as the “Jones Act” requires that any vessel engaged in the U.S. coastwise trade be owned and operated by U.S. citizens. To qualify as a U.S. citizen under the Jones Act an...more
The Jones Act is the foundational law of the American maritime industry, and compliance with it is essential whether you are a vessel operator in the US domestic trades or a foreign operator serving the US market. The Jones...more
Over the past year, a number of new interpretations related to the application of the coastwise laws to the developing offshore wind industry in the United States have clarified how construction and operation of offshore wind...more
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
1. What is the first thing you must do after a boating accident? If you have had a boating accident, you must first take care of the health and safety of the people involved. Ensure everyone is safely on the boat if it is...more
At first glance, the waters can be murky when wading through a determination of a maritime employee’s status as a Jones Act seaman or a longshoreman. The determination of whether an individual is a Jones Act seaman or...more
When Congress enacted H.R.7776, the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (FY23 NDAA), it included several provisions that addressed the requirements for so-called discretionary waivers of...more
One of the most noteworthy features of the October 18th Final Sale Notice (FSN) for the PACW-1 offshore lease auction – which will be the first west coast auction held by the Bureau of Ocean Energy Management (BOEM) – is the...more
The winds of change are coming for the nascent U.S. offshore wind industry, with several large projects scheduled to come online before 2030. Major commercial and governmental entities expect offshore wind will be big...more
Cabotage laws are laws that restrict foreign transportation services within a particular country in favor of domestic services. It is protectionism in its most primary sense and has been part of United States law since the...more
U.S. Customs and Border Protection (CBP) has issued a ruling stating that the Jones Act does not apply to several specific offshore wind activities, which permits those activities to be performed by foreign vessels....more
United States District Court for the Southern District of New York, May 9, 2022 - In this asbestos action, decedent Carlo Badamo served on several vessels during his time as a merchant marine from 1944 to 1955....more
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
The Pennsylvania Supreme Court recently adopted the “no-coverage exception” in Arlet v. Workers’ Compensation Appeal Board. 2022 WL 529350 (Pa. 2022). As most subrogation professionals are aware, the anti-subrogation rule...more
This month, the Governor of the U.S. Virgin Islands (“U.S.V.I.”), Albert Bryan Jr., signed an agreement with the Northeast Maritime Institute, a “Private Maritime College,” to establish the first open vessel registry in the...more
As renewable energy continues to comprise a larger share of the US power mix, offshore wind remains the next frontier of the US green energy boom. Today, the US hosts only one operational commercial offshore wind farm, the...more
In denying an en banc rehearing of Adams v. All Coast, LLC, the Fifth Circuit held that not all Jones Act Seamen are FLSA Seamen. In Adams, as we detailed in February, the Court had reversed a district court ruling finding...more
While the United States continues to assess the full scope of the devastating aftermath of Hurricane Ida on the U.S. Gulf Coast, national media have already reported shortages of oil and fuel supplies, as well as food and...more
After 15 months of quarantines, restrictions, and mandatory home schooling, summer 2021 is luring with escape and excitement across the country. We all hope for beach days and reunions with loved ones as we (hopefully)...more
In March, we wrote about how we still were awaiting guidance from the White House about how the Made in America Office’s waiver process would work under President Biden’s January 25, 2021 EO 14005, Ensuring the Future is Made...more