Author: Dan Hoerner
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
COVID-19 Spawns Litigation
As the ravaging effects of the COVID-19 pandemic continue to unfold, the next wave of this calamity is beginning to swell: litigation. Already, there... More
Maintenance and Cure at Risk by Failing to Fully Disclose Medical History
Hiring personnel typically starts the same way: an interested worker prepares a job application for review by the prospective employer. The application is a... More
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
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
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
Non-Signatory to Contract Bound By Arbitration Clause
With increasing frequency, mandatory arbitration clauses are being written into maritime contracts. You may have run across them in charter parties, towage and salvage... More