International Safe Container Act

The International Safe Container Act (ISCA, 46 U.S.C. 80501-80509), signed into law in 1977, details the requirements for application and compliance with the International... More

Course & Scope of Employment

By its terms the Jones Act, which provides seamen with their right to bring suit against their employer for injuries sustained, the injury must... More

Lowering the Bar for Punitive Damages

Punitive damages are recoverable in maritime property damage claims.  Based on decades of jurisprudence it has been widely accepted that in order to award... More

The Courts Again Address Punitive Damages

As stated by the U. S. Supreme Court in 1893, punitive damages “are not awarded by way of compensation to the sufferer, but by... More

Negligence Per Se

Ordinarily, in a maritime case involving personal injury or property damage, the issue of liability is dependent upon whether the defendant owed a duty... More

ADA Guidelines for Passenger Vessels

The U.S. Department of Transportation will in the near future be issuing new accessibility guidelines for the construction and alteration of passenger vessels covered... More

The Seaman’s Protection Act, 46 U.S.C. 2114

Enacted by Congress in 1984, the Seaman’s Protection Act was “intended to facilitate Coast Guard enforcement of maritime regulations . . . by guaranteeing... More

Injured Seaman’s Duty to Mitigate His Damages

The employer of a seaman injured while serving the mission of the vessel is required to pay the seaman maintenance (and generally stated as... More

No Proof, No Law, No Punitive Damages

On February 15, 2012, Judge Brown, on the bench for the United States District Court in New Orleans, issued an interesting opinion in the... More

Longshoreman is Injured. Who is Responsible?

Last month the First Judicial District Court of Appeal for Illinois reached its opinion in Ballard v. American Commercial Lines, Inc., et al.  The... More