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Negligence › Vessels

Holland & Knight LLP

Foreign-Flagged Vessels Beware

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Following the Francis Scott Key Bridge allision on March 26, 2024, two U.S. House of Representatives members introduced the Justice for Victims of Foreign Vessel Accidents Act (Bill), which would retroactively increase the...more

Morris James LLP

FAQs: Legal Guidance for Families Affected by the Baltimore Bridge Collapse

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In the wake of the tragic incident involving the collision of The Dali container ship with the Francis Scott Key Bridge in Baltimore, Maryland, which led to the bridge's collapse, there are numerous concerns and questions...more

Morris James LLP

Boating Accidents in Delaware: A Brief Look at the Numbers

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Every June, the United States Coast Guard (U.S.C.G.) publishes a detailed report on boating accidents in the U.S. during the previous year. It breaks down all of the recreational boating incidents across the country by...more

Cranfill Sumner LLP

Secure Your Boat or the Damages She Causes Could Be Your Fault!

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The tenets of good seamanship and common sense dictate that your boat should never be unintentionally adrift. Unfortunately, Murphy’s Law applies equally on land and at sea. Whether caused by a mechanical failure, a broken...more

Holland & Knight LLP

Fifth Circuit's Seaman Status Realignment Brings New Considerations for Offshore Oil & Gas and Wind Industry Operators

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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

Cozen O'Connor

More Troubled Waters for the Cruise Industry

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In our previous Alert, we discussed the first of what would be no doubt a tsunami of lawsuits against cruise lines for various physical and emotional damages as a result of the COVID-19 pandemic....more

Cozen O'Connor

Rough Seas for the Cruise Industry

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In what is no doubt the beginning of a tsunami of lawsuits (pun intended) against the cruise industry arising from the coronavirus pandemic what we understand to be the first lawsuit against Princess Cruise Lines has recently...more

Baker Donelson

When Form Meets Substance: Two Fifth Circuit Decisions Chart the Boundary Lines of Summary Judgment

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Murky waters swirl in the legal gulf that separates the absence of any “genuine dispute[s] as to any material fact” (in which case summary judgment is appropriate); and the presence of non-speculative “evidence [on which] a...more

Baker Donelson

“Yet Now, Federated Along One Keel” – United States Supreme Court Resolves Fifth/Ninth Circuit Split, Unequivocally Rejects...

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Yet now, federated along one keel… MOBY DICK, HERMAN MELVILLE, Chap. XXVII - In the wake of Justice Thomas’s landmark decision in Atlantic Sounding Co. v. Townsend, American maritime jurisprudence was left with its...more

Eversheds Sutherland (US) LLP

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

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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

Mayer Brown

Supreme Court To Decide Whether Punitive Damages May Be Awarded In Connection With Unseaworthiness Claims

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When the Supreme Court agrees to hear a punitive damages case, that’s always news—even when the case involves something as arcane as the availability of punitive damages under maritime law....more

Baker Donelson

Know Your Limitations – Recent Jurisprudence Under The Limitation Of Liability Act

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Despite perennial complaints from lower and appellate courts that the Limitation of Liability Act (“LLA,” 46 U.S.C. §§30501 et seq.) is “now hopelessly anachronistic” (Cont’l Oil Co. v. Bonanza Corp., 706 F.2d 1365, 1376 (5th...more

Ward and Smith, P.A.

Adventurer Beware! The Scope and Enforceability of Liability Waivers in North Carolina

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Summer is upon us. The great outdoors beckons. There are trails to hike and rivers to paddle. Summer travel is in full swing and summer camps have opened their gates. If you are fortunate enough to be embarking on...more

Ward and Smith, P.A.

The Law Related to Boating Accidents in North Carolina

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North Carolina's mild climate and natural beauty make it a great place for outdoor recreation. Its coastline, rivers, and lakes make water-related activities particularly popular. North Carolinians and tourists alike...more

Haight Brown & Bonesteel LLP

Ninth Circuit Revives Tort Claims Initially Dismissed Under Economic Loss Doctrine Where Product Caused Damage to “Other Property”

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On June 29, 2015, the Ninth Circuit Court of Appeals, in CHMM LLC v. Freeman Marine Equipment, Case No. 13-35163 (D.C. No. 3:12-cv-01484-ST), reversed the District Court’s judgment in an admiralty case, holding that a vessel...more

Blank Rome LLP

Recent Developments in Maritime Punitive Damages

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In 2009, in Atlantic Sounding Co., Inc. v. Townsend, the Supreme Court “sea tossed” the law of maritime damages when it held that punitive damages are recoverable for an employer’s willful and wanton failure to provide a...more

Baker Donelson

All That Floats is Not A Boat: Eastern District of Louisiana Jettisons Fifth Circuit’s Holmes Decision, Rules That Quarter Barge...

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The three men in the tub will no longer have recourse to the federal courts’ admiralty jurisdiction, at least not in the Eastern District of Louisiana. In Martin v. Fab-Con, Inc., 2014 WL 1246073 (E.D. La. Mar. 24, 2014) – a...more

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