Rig Owner Not Liable for Failing to Search for Lost and Submerged Rig

A tanker vessel allided with an unmarked and submerged wreck of a jack-up drilling rig that was lost during Hurricane Ike. In the aftermath... More

Rail Yard Worker Fails LHWCA Situs and Status Tests

Claimant worked for Employer for twenty years when he became aware that his exposure to workplace noise had caused hearing loss. He brought a... More

Failure to Conduct JSA for Routine Task is Not a Breach of Duty

On August 5, 2015, the United States Fifth Circuit Court of Appeals issued its opinion in Glaze v. Higman Barge Lines Inc.  The court... More

“I’m on a boat!”- Well, Then Maybe You’re a Seaman

The law has long held that seamen are afforded special protections. As early as 1823, the law recognized the perils of this particular profession:... More

Future Lost Wages Based on Statistical Work-Life Expectancy

A rigger on a crane barge was injured when he fell from a makeshift scaffolding.  He sued the vessel owner for negligence under the... More

Statute of Limitations in Maritime Cases not Limited to Vessels Engaged in Commerce

Plaintiff was injured while aboard Defendant’s pleasure yacht on October 25, 2011.  On January 29, 2015, Plaintiff filed a negligence based lawsuit in federal... More

Arbitration Provision in Salvage Contract Binding

A vessel owner, Farnsworth, brought action against a towboat company, seeking a preliminary injunction to prevent the towboat company from enforcing the arbitration clause... More

Is the McCorpen Defense Preserved For Subsequent Employers?

Under the doctrine commonly referred to as the McCorpen defense, a seaman can be denied his rights to maintenance and cure. In order to... More

Borrowed Servant Doctrine Does Not Equate to Assignment Change

To qualify for seaman status a worker must establish that his duties “contribute to the function of the vessel or to the accomplishment of... More

Maritime Worker Not Entitled to Damages under 905(b) or Warranty of Seaworthiness

Section 905(b) of the LHWCA permits an injured maritime worker to bring suit against a vessel owner for negligence. In Scindia Steam Navigation Co.... More