Admiralty & Maritime
Circuits Split on Punitive Damages for Unseaworthiness
An overriding premise of admiralty and maritime law is the quest for uniformity. Over the centuries, this has proven problematic, as this area of... More
The Extent of Employers’ Obligations to Employees Continues to be Dynamic
From a defense perspective, the most common concern with defending a workers’ compensation claim is not whether the employee is entitled to benefits, but... More
OSHA Issues Memorandum Outlining Acceptable Standards For Silicia In Maritime Industry
The Occupational Safety & Health Administration (OSHA) recently issued a memorandum outlining new standards for general industry and maritime requiring employers to limit work... More
Port of New Orleans Included in Customs Electronic Payment System Pilot Program
In early January 2018, U.S. Customs and Border Protection (“CBP”) plans to begin an 18-month test of an electronic payment system for taxes and... More
NINTH CIRCUIT FINDS SUICIDE ATTEMPT BY LONGSHOREMAN COMPENSABLE
In 2001, Claimant William Kealoha was injured while working as a ship laborer. Kealoha fell 25 to 50 feet off a barge onto a... More
President Trump Waives Jones Act in Response to Relief Efforts in Puerto Rico
The Merchant Marine Act of 1920, more commonly known as the Jones Act, was passed to promote and maintain the American merchant marine by,... More
New Version of Nautical Rules of the Road Published
The United States Coast Guard has published a new amalgamated version of the nautical Rules of the Road to improve the readability and understanding... More
NINTH CIRCUIT HOLDS DEFENSE BASE ACT’S ZONE OF SPECIAL DANGER APPLICABLE TO LOCAL NATIONALS
Claimant, a citizen of the Marshall Islands, was employed as a civilian defense contractor based in the Kwajalein Atoll, which houses the U.S. Army... More
Federal Policy Remains that Arbitration Agreements and their Broad Construction are Favored
Plaintiff filed a seaman’s complaint alleging that he incurred injury while working as a crew member on one of the defendant’s vessels because the... More
Fifth Circuit Vacates Summary Judgment and Allows Consideration of Plaintiff’s Expert
The plaintiff allegedly sustained injuries when he fell on a vessel owned by his employer. He filed a lawsuit in the U.S. District Court... More