Admiralty & Maritime
First Circuit Upholds Doctrine of Uberrimae Fidei Requiring a Marine Insurance Policyholder to Act in “Utmost Good Faith”
In a recent case, QBE Seguros v. Carlos A. Morales-Vázquez, No. 19-1503, United States Court of Appeals for the First Circuit (January 19, 2021),... More
National Defense Authorization Act Praised by Maritime Industry Groups
In December 2020, the House and Senate both voted to pass H.R. 6395, the National Defense Authorization Act for Fiscal Year 2021 (“NDAA”). The... More
U.S. Fifth Circuit Clarifies Seaman’s Standard of Care Under the Jones Act
In a recent opinion regarding a seaman’s comparative fault for his personal injury claim, the U.S. Fifth Circuit clarified a longstanding area of contention... More
U. S. District Court for the Eastern District of Louisiana Declines to Hold Jones Act Employer Liable and Vessel Unseaworthy
[A] seaman’s burden to prove causation between his employer’s negligence and his injury is “very light.” O’Neill v. Seariver Mar., Inc., 246 F. App’x... More
In Recent Maritime Tort Action Eleventh Circuit Says Jury Should Decide Medical Damages
In a recent case, Higgs v. Costa Crociere S.P.A., 969 F.3d 1295 (11th Cir. 08/1420), the Eleventh Circuit found that in a maritime tort action,... More
Death on the High Seas: Federal Court Applies Maritime Wrongful Death Statute to Cruise Ship Passenger Who Dies On Shore
The global cruise industry, still trying to weather the storm of the COVID-19 pandemic and its chilling effect on tourism worldwide, received one favorable... More
Fifth Circuit Judge Authors Important Special Concurrence to Own Opinion in Seaman Status Case
Fifth Circuit Judge W. Eugene Davis authored an important special concurrence to his own opinion in a seaman status case, Sanchez v. Smart Fabricators of... More
Suit for Fear of Contracting COVID-19 Dismissed
Since the outbreak of the COVID-19, litigation (both frivolous and meritous) was a foregone conclusion. The floodgates have opened, and the court dockets are... More
U.S. Army Corps of Engineers to Deepen the Mississippi River
On July 31, 2020, the U.S. Army Corps of Engineers and the State of Louisiana signed an agreement to deepen the Lower Mississippi River... More
Fifth Circuit Affirms Dismissal of Limitation Action for Failure to Comply with Notice Provisions
The Limitation of Liability Act of 1851 entitles a vessel owner to limit its liability for most claims arising out of a maritime casualty... More