Tag: Maritime law

• 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 […]

• 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 […]

• 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, […]

• 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 […]

• 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 […]

• 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 […]

• 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 […]

• Insurance & Casualty Litigation

  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 […]

• Maritime Casualty

  Recovery of Punitive Damages by Seamen in the Eastern District of Louisiana

  • January 11, 2016
  • By Allen & Gooch

  The availability of punitive damages for seamen has historically been a murky issue.  District courts are still attempting to decipher U.S. Supreme Court and Fifth Circuit jurisprudence to determine when punitive damages are available under the Jones Act and general maritime law.   Judges and jurists first look to the U.S. Supreme Court’s opinion in […]

• Maritime Casualty

  Punitive Damages allowed by Louisiana Federal Court in LHWCA Suit

  • October 9, 2013
  • By Allen & Gooch
  

  Will Punitive Damages Now be Available in Louisiana for Offshore Injuries? In Callahan v. Gulf Logistics, L.L.C., No. 6:06-CV-561 2013 WL 5236888 (W.D. La. Sept. 16, 2013), the Western District of Louisiana recently permitted a plaintiff to pursue punitive damages in a vessel negligence lawsuit for injuries allegedly sustained outside territorial waters, pursuant to section […]