“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

11th Circuit Addresses Maritime Salvage Case Arising out of Marina Fire

Under the law of salvage in general maritime law, a person who recovers another person’s ship or cargo after peril or loss at sea... More

No Punitive Damages Under Jones Act or General Maritime Law

Plaintiff, John Paul Jones, Jr., brought suit in the U.S. District Court for the Eastern District of Louisiana for damages pursuant to the Jones... More

No Expansion of the Longshoreman Definition

Coming before the Louisiana Third Circuit Court of Appeals  was the question of whether the Claimant was covered by the Longshore and Harbor Workers’ Compensation... More