LIENING IN: Best Practices for Suppliers Navigating CIMLA – Part 1
Under the Commercial Instruments and Maritime Liens Act (“CIMLA”), 46 U.S. Code § 31342 et. seq., “a person providing necessaries to a vessel on the order of the owner
King & Jurgens
King & Jurgens, L.L.C. is a law firm with offices in Louisiana and Texas that publishes legal blogs primarily focused on maritime law and related areas. Their content covers topics such as the Longshore and Harbor Workers' Compensation Act (LHWCA), maritime injury claims, personal jurisdiction in maritime cases, maritime liens, and vessel unseaworthiness. The firm provides analysis of court decisions, regulatory interpretations, and practical implications for maritime employers, employees, and legal practitioners. Their publications often discuss federal appellate rulings and Supreme Court decisions affecting maritime workers' compensation, liability, and bankruptcy issues within the maritime industry.
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https://kingjurgens.com
Latest from King & Jurgens - Page 2
Ninth Circuit Limits its KEN LUCKY Decision to its Procedural Peculiarities
Many physical suppliers of bunkers/marine fuel, who were unpaid by their contractual counterparties, have relied on a decision of the United States Court of Appeals for the Ninth Circuit, Marine Fuel Supply & Towing, Inc. v. M/V KEY LUCKY,…
International Maritime Organization Reaches Deal to Cut Greenhouse Gas Emissions from Ships
Shipping regulators have concluded on a plan for reducing carbon dioxide emissions for ships. International Maritime Organization (IMO) regulators have agreed that the shipping industry should cut carbon emissions by a minimum of 50% by 2050 as part of the…
The LHWCA’s §933(g) Requirement of Notification is to be Strictly Enforced
On September 11, 2018, the U.S. Court of Appeals for the Fifth Circuit, in the matter of McGill C. Parfait v. Director, OWCP, Performance Energy Services LLC and Signal Mutual Indemnity Association Ltd., No. 16-60662, granted the respondents’ motion to…
Fifth Circuit Holds Contract for Plug and Abandonment Work Qualifies as “Maritime” Under the Doiron Test
By Spencer King
This past January, the Fifth Circuit in In re: Larry Doiron, Inc., 879 F. 3d 568 (5th Cir. 2018), overruled the six-factor test it had distilled in Davis & Sons v. Gulf Oil Corp. to determine whether a contract…
More Energy Service Contracts Should Now Qualify as Maritime
As anticipated previously, the en banc Fifth Circuit in In re Larry Doiron, Inc., jettisoned the two-tier, six-factor test of Davis & Sons, Inc. v. Gulf Oil Corp. in favor of a new “simplified” test to determine whether “a…
Fourth Circuit Reverses Benefits Review Board’s View of the Effect of Retirement
On January 3, 2018, the United States Court of Appeals for the Fourth Circuit in Russell Moody v. Huntington Ingalls Incorporated, No. 16-1773 (4th Cir., 01/03/2018), reversed a ruling of the Benefit Review Board that had earlier overturned the…
Don’t Lien on Me: Identification and Mitigation of Maritime Lien Risks in Marine Lease/Loan Transactions
Due to their increasing size, specialization and technological sophistication, today’s vessels present attractive “big-ticket” financing opportunities. However, commercial vessels, regardless of type, will inevitably incur maritime liens, which are priority claims that arise by operation of law, and are enforceable…
Fifth Circuit Affirms Contractors Cannot Be Criminally Liable for OCSLA Violations
On September 27, 2017, the Fifth Circuit in U.S.A. v. Don Moss, Curtis Dantin, Grand Isle Shipyard, Incorporated, and Christopher Srubar, No. 16-30516 (5th Cir. September 27, 2017), issued a decision affirming the District Court’s dismissal of criminal charges…
Greek Shipowners Extend Voluntary Tax
Greek shipowners have agreed to extend a voluntary tax contribution to the Greek government, which I previously blogged about, for an additional year due to the fact that Greece is still struggling with its debt crisis. Members of the Union…