Practice: Maritime Casualty
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Maritime Casualty
Admiralty Jurisdiction When Damage Occurs on Land
- July 18, 2016
- By Allen & Gooch
Admiralty Jurisdiction My last post referenced the two-part test to determine if a claim falls under a federal court’s admiralty jurisdiction: (1) did the incident occur on navigable waters? and (2) was the incident substantially related to a traditional maritime activity? However, a claim can be an admiralty claim even if the damage/injury occurs on […]
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Maritime Casualty
Fifth Circuit: Offshore Dispute Governed by Louisiana Law
- May 2, 2016
- By Allen & Gooch
In Petrobras Am., Inc. v. Vicinay Cadenas, S.A., 815 F.3d 211 (5th Cir. 2016), the U.S. Fifth Circuit Court of Appeals recently analyzed whether maritime law or Louisiana law applied to an offshore dispute occurring on the outer continental shelf. The Petrobras case involved an underwater tether chain that broke after being installed in an […]
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Maritime Casualty
Seamen’s Recovery of Punitive Damages Against Non-Employer Third Parties
- April 25, 2016
- By Allen & Gooch
We previously reported on the dispute whether Jones Act seamen can recover punitive damages under general maritime law against non-employer third parties. District court opinions on this issue have differed, mostly due to conflicting interpretations of prior U.S. Supreme Court and U.S. Fifth Circuit Court of Appeals decisions. Hume v. Consolidated Grain & Barge, […]
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Maritime Casualty
Fifth Circuit: LOIA Applies to Agreement to Salvage Platform
- April 6, 2016
- By Allen & Gooch
LOIA Voids Certain Oilfield Indemnity Provisions Louisiana’s Oilfield Indemnity Act (“LOIA”) may invalidate certain indemnity agreements in oilfield contracts. See La. R.S. 9:2780. There is a two-part test to determine if LOIA applies: (1) the agreement must pertain to an oil, gas, or water well, and (2) the contract must involve operations related to the […]
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Maritime Casualty
Seamen May Be Exempt from FLSA Overtime Rules
- March 28, 2016
- By Allen & Gooch
Overtime Rules Under the FLSA The Fair Labor Standards Act (“FLSA”) requires that some employees be paid at least “one and one-half times” their regular wages for time worked over 40 hours in a workweek. 29 U.S.C. § 207(a)(1). However, the FLSA has an exemption for employees who are classified as “seamen.” 29 U.S.C. § […]
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Maritime Casualty
What Are Vessel “Appurtenances”?
- March 14, 2016
- By Alan Stewart
Maritime cases often discuss vessels and their “appurtenances.” For example, a vessel owner can be held liable under the theory of unseaworthiness if the vessel’s appurtenances are defective. Merriam-Webster defines “appurtenance” as “an object that is used with or for something.” But what does the word mean under general maritime law, and how do we […]
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Maritime Casualty
Seaman Status of a Wireline Operator
- February 22, 2016
- By Allen & Gooch
Seaman Status is a Two-Part Test We previously discussed that determining whether your employee is a seaman requires analysis of a two-part test. First, the employee’s duties must “contribute to the function of a vessel or to the accomplishment of its mission.” Second, the employee must have a connection to a vessel in navigation (or […]
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Maritime Casualty
How Rejecting Recommended Medical Aid Affects Maintenance and Cure
- February 17, 2016
- By Allen & Gooch
Willfully Rejecting Recommended Medical Aid Could Result in Forfeiture of Maintenance and Cure Benefits A Jones Act seaman who is injured while in service of a vessel is generally entitled to maintenance and cure benefits until he reaches maximum medical improvement. However, he potentially forfeits his right to maintenance and cure if he willfully rejects recommended medical […]
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Maritime Casualty
Determining the Amount of Cure Owed to Your Seamen–Employees
- February 10, 2016
- By Allen & Gooch
Cure Is Paid Only for Incurred Medical Expenses “Cure” is a shipowner’s obligation to pay necessary medical expenses for seamen injured while in service of its ships. Seamen are only entitled to recover cure for medical expenses actually incurred rather than the amount charged. (Medical bills are frequently charged/billed at a certain rate and then […]
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Maritime Casualty
Statutorily Limiting Liability in Certain Vessel Lawsuits
- January 27, 2016
- By Alan Stewart
Under the federal Limitation of Liability Act of 1851 (“the Act”), owners of vessels (and, occasionally, charterers of vessels) can sometimes limit their exposure in vessel-related cases to “the value of the vessel and pending freight.” See 46 U.S.C. §§ 30501 et seq. If a vessel has multiple owners, any owner’s liability will not exceed […]