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Workplace Injury Vessels

Kennedys

Navigating the differences in determining Jones Act and Longshore status for defending claims in maritime litigation

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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

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

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

Blank Rome LLP

The Supreme Court Rejects Punitive Damages in Unseaworthiness Claims

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A recent United States Supreme Court ruling held that a plaintiff may not recover punitive damages on a maritime claim of unseaworthiness. This new ruling has resolved a split among the circuits and has essentially reinforced...more

Mayer Brown

Supreme Court Holds That Punitive Damages May Not Be Awarded In Connection With Unseaworthiness Claims

Mayer Brown on

On June 24, the Supreme Court held in Dutra Group v. Batterton that punitive damages may not be awarded under federal maritime law in connection with an unseaworthiness claim....more

Cozen O'Connor

Supreme Court Rejects Seaman’s Claim for Punitive Damages

Cozen O'Connor on

On June 24, 2019, the U.S. Supreme Court — in a 6 to 3 decision — held that a seaman may not recover punitive damages on a claim of vessel unseaworthiness. In Exxon Shipping Co. v. Baker, the Supreme Court previously...more

Baker Donelson

ALERT: Supreme Court Rejects Seamen’s Claims for Punitive Damages Under General Maritime Law, Resolving Fifth and Ninth Circuit...

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The Supreme Court of the United States, on writ of certiorari in Dutra Group v. Christopher Batterton, 588 U.S. ___ (2019), has resolved a circuit split between the Fifth and Ninth Circuits regarding whether a seaman can...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Dutra Group v. Batterton

On June 24, 2019, the United States Supreme Court decided Dutra Group v. Batterton, No. 18-266, holding that a plaintiff may not recover punitive damages on a claim of unseaworthiness. Christopher Batterton worked as a...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

Holland & Knight LLP

Recent Ninth Circuit Decision Elevates Maritime Law Principles over Bankruptcy Law

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In a case decided on March 28, 2018, the Ninth Circuit Court of Appeals held that a maritime lien on a vessel for the "maintenance and cure" of an injured seaman was not subject to the "automatic stay" that generally arises...more

Baker Donelson

The Wandering Rocks – Recent Fifth Circuit Jurisprudence On Offshore Indemnity

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A pair of recent Fifth Circuit cases, In Re Larry Doiron, Inc., 849 F.3d 602 (5th Cir. Feb. 23, 2017, rev’d Mar. 7, 2017) and Richard v. Anadarko Petroleum Corp., No. 16-30216 — F.3d —-, 2017 WL 835187 (5th Cir. Mar. 2, 2017)...more

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