OSHA’s Proposed Electronic Recordkeeping Proposal

In November, 2013 the Occupational Safety Health Administration issued a proposed rule to improve workplace safety and health through improved tracking of workplace injuries... More

When Is A Negligent Act Intentional?

On June 12, 2009, two steelworkers, Ulvaldo Martinez and Martin Reyes, were killed when a steel reinforcing bar cage collapsed during the widening of... More

Longshoreman’s Claim Against Vessel Owner

Assume that you own a commercial vessel and decide that it is time to put her in drydock and have work done on the... More

Reporting a Marine Casualty: When is it Necessary?

Since 1986 those in the maritime industry have been required by law to submit to the US Coast Guard a Report of Marine Casualty,... More

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

Uberrimae Fidei Revisited

A couple of years ago I brought to our attention the doctrine of uberrimae fidei, utmost good faith, in marine insurance.  In a nutshell... 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

Liability of the Texter

Texting while driving is not only dangerous, but it is illegal in Louisiana. In 2008 the Legislature passed Louisiana Revised Statute 32:300.5 which made... More