Law Firm ILN-telligence Podcast | Episode 81: Geraldine Spiteri and John Navarro, Acumum Legal & Advisory | Malta
Bill on Bankruptcy: Supreme Court Cases Will Have Wide Impact
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
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
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
Since the enactment of the Jones Act, courts have wrestled to define "seaman" and who is entitled to remedies under the Jones Act. The Jones Act grants a "seaman" a negligence cause of action against his employer and only a...more
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
Owners and operators of ships calling on the United States know well that criminal prosecutions are now a regular occurrence in the maritime industry. Most relate to environmental violations and post-incident conduct like...more
Steady, helmsman! Steady. This is the sort of weather when brave hearts snap ashore, and keeled hulls split at sea. Moby Dick, Herman Melville, Chap. XL - Since the Supreme Court’s (Justice Thomas’s) landmark decision in...more
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
A recent federal court decision may bring about a new wave of overtime claims by offshore workers, particularly those working within the territorial waters of Louisiana, Mississippi, and Texas (Halle v. Galliano Marine...more
Action Item: Owners, operators, and other interested parties related to the operation of marine terminals should review and comment on a Coast Guard Notice of Proposed Rulemaking (“NPRM”) addressing new requirements to...more
On November 13, 2014, the Fifth Circuit handed down its opinion in Coffin v. Blessey Marine Services, Inc., No. 13-20144, 2014 WL 5904734 (5th Cir. Nov. 13, 2014). The opinion addressed several key factors related to the...more