News & Analysis as of

Recent Maritime Cases Illustrate the Different Legal Risks Involved with Conducting Offshore Oil and Gas Operations

In May 2015 a U.S. District Court and U.S. Court of Appeals each issued opinions that address important legal issues concerning risk management in the offshore energy industry. In Marquette Transportation Co. Gulf-Inland, LLC...more

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In John Horton v. Maersk Line, Limited, Case No. 14-14450 (11 Cir., 02/27/2015) the 11th Circuit issued an unpublished decision finding that the International Safety Management Code (the “Code”) did not create vessel duties...more

West Coast Ports Labor Turmoil - Time to Dust Off That Overlooked Force Majeure Clause?

The simmering labor dispute between the International Longshoreman and Warehouse Union and the Pacific Maritime Association, which represents West Coast port owners, has begun to capture the attention of businesses that have...more

What if the West Coast Ports Shut Down by Lockout or Strike? Is it Time to Invoke Taft-Hartley?

Since the expiration of a labor contract in July 2014, negotiations for a new contract have dragged on between management representatives of the Pacific Maritime Association (PMA)—a multi-employer bargaining association...more

Federal Law Does Not Protect Husband Who Owes More Than $50,000 In Past Due Alimony

In the Pennsylvania Superior Court case Uveges v. Uveges, the Superior Court upheld the trial court's decision to attach the husband's Federal Longshore and Harbor Workers' Compensation Act benefits to pay approximately...more

A Day At The Beach: Fifth Circuit Rejects Expansive Situs Definition For LHWCA Comp In BP Beach Cleaning Case

The Fifth Circuit recently reversed, per curiam, a district court decision finding that a contract worker cleaning oiled beaches near Grand Isle, Louisiana, in the wake of the 2010 Macondo oil spill qualified as a...more

That’s Not My Kid! Board Clarifies Definition Of “Child” Under The Longshore Act

On February 25, 2014, the Benefits Review Board rendered its decision in Smith v. Mt. Mitchell, LLC, ____BRBS____ (D.O.L. Ben. Rev. Bd. Feb. 25, 2014), which affirmed an Administrative Law Judge’s decision and order,...more

The Further Adventures Of The Fifth Circuit And The LHWCA Jurisdiction Test

On Tuesday, October 8, 2013, the United States Court of Appeals for the Fifth Circuit in BPU Management, Inc. v DOWCP (Donald Morgan) again addressed jurisdictional coverage under The Longshore and Harbor Workers’...more

Infrastructure Alert - April 17, 2013

Last week, President Obama released his FY2014 budget, outlining several proposals to fund new infrastructure programs. The budget proposes $40 billion for “Fix it First” projects to repair existing infrastructure, as well...more

Matthews Successfully Defends Against LHWCA Claim

Doug Matthews successfully obtained a decision from Administrative Law Judge Larry Price denying an employee’s claim against his employer for benefits under the Longshore and Harbor Workers’ Compensation Act. The employee was...more

Infrastructure Alert - February 13, 2013

President Obama called for increased infrastructure and transportation spending in last night’s State of the Union address, stressing the need to fix failing infrastructure first and utilizing public-private partnerships...more

Infrastructure Alert - January 29, 2013

The current International Longshoremen’s Association (ILA) and U.S. Maritime Alliance (USMX) contract extension expires at the end of February 6. Carrier-paid container royalties remain the central issue in the negotiation. ...more

Shipbuilders Council of America and OSHA Settle Lawsuit, OSHA Issues First Interpretation Letter for Shipyard Industry on Subpart...

On August 1, 2011, the Occupational Safety and Health Administration’s (OSHA) standards for General Working Conditions in Shipyard Employment (1915, Subpart F) became effective. These standards included requirements covering...more

Infrastructure Alert - January 3, 2013

The 112th Congress adjourned before voting on any Hurricane Sandy relief bill. Although the Senate passed a $60.4 billion relief bill, the House did not hold a vote on it nor the Republican-backed alternative $27 billion...more

Florida Port Strike May Not Happen As Negotiations Continue Into 2013: News Release of the Week

Florida's economy needs its active and efficient ports and while on one hand, there's construction underway to make Port Miami big enough to deal with the increased traffic coming from the Panama Canal expansion, on the other...more

Strike Threatens Port of Charleston

After the latest breakdown in labor negotiations, ports along the U.S. East and Gulf coasts, including Charleston, are threatened with a strike by the International Longshoremen’s Association (ILA). The ILA and the...more

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