Author: Dan Hoerner
Supreme Court Bars Punitive Damages for Unseaworthiness
In June, the U. S. Supreme Court issued a significant ruling beneficial to maritime industry. In Dutra Group v. Batterton, the Court resolved a... More
Watch Out When Ending Maintenance and Cure
A fundamental right of seamen is maintenance and cure benefits. A shipowner owes the seaman these benefits without regard to fault if he is... More
Liability for Medical Malpractice
The Court of Appeals for the 11th Circuit (Alabama, Florida and Georgia) has opened the door to a potential flood of liability exposure for... More
Fifth Circuit Roles Back Seaman’s Entitlement to Punitive Damages
This article originally appeared in WorkBoat Magazine. The December 2013 Legal Talk column addressed the very significant ruling a three judge panel of the... More
Seaman Denied Recovery for Stress-Related Health Claim
Anyone who has ever worked in the marine industry knows that the physical requirements are demanding and the pressure to perform can be intense. ... More
False Distress Call Results in Serious Criminal Penalties
In March 2012, an aircraft pilot falsely reported observing a fishing boat with four passengers in distress in Lake Erie. In response to the... More
Dock Owners Liability
Boarding and disembarking from vessels. Without a second thought, mariners do it day in and day out – – most of the time without... More
Maritime Law Sees Expansion of Punitive Damages
For the last two decades, our industry has seen growing restrictions on the type of monetary damages that can be awarded in maritime cases,... More
Employers Can’t Sue Seamen to Recover Back Maintenance and Cure Wrongfully Paid
Maintenance and Cure: It’s the nearly inalienable benefit that seamen receive when they are injured or become ill while in the service of the... More
Vessel Owner Exonerated by Divine Intervention
A common defense in maritime personal injury and property damage litigation is the “Act of God,” also known as force majeure. It is premised... More