Admiralty & Maritime
Business Interruption Claims and Hurricane Ida: A Primer
Hurricane Ida tore through southeast Louisiana on August 29 and 30, 2021—leaving chaos and destruction in its wake. Many businesses suffered flooding, holes in... More
Fifth Circuit Reinforces Maritime Employer’s Third-Party Claim for Contribution for Maintenance and Cure
In a recent maritime case, Poincon v. Offshore Marine Contractors, Inc., the United States Fifth Circuit Court of Appeals analyzed a contribution claim for maintenance... More
Jones Act Status Limited – Land-Based Welder Not a Seaman
Since Congress never defined the term “seaman,” the definition of and distinction between employees entitled to benefits under the Longshore and Harbor Worker’s Compensation... More
Able-Bodied Seamen Deemed Not a Seamen
In February, the U.S. Court of Appeals for the Fifth Circuit issued a significant ruling regarding the test for seaman status. However, unlike most... More
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