As noted by the court in International Matex Tank Terminals v. Director OWCP (Dwayne D. Victorian), No. 18-60662 (5th Cir. November 25, 2019) its decision was one of first impression addressing the situs of injury and whether a
Offshore Winds
A LEGAL BAROMETER FOR MARINE AND ENERGY BUSINESS
The Offshore Winds blog, published by King & Jurgens, focuses on maritime and admiralty law issues, including legal interpretations and case law developments related to the Longshore and Harbor Workers' Compensation Act (LHWCA), maritime injury claims, and jurisdictional matters involving maritime employers and foreign ship managers. It covers topics such as the definition of maritime terminals, coverage of injuries occurring in maritime zones including living quarters, maritime liens and bankruptcy, limitations on damages in unseaworthiness claims, and personal jurisdiction in maritime tort cases. The blog provides analysis of court decisions from various levels, including the Fifth Circuit and the Supreme Court, relevant to maritime workers and employers.
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Home Sweet Home In the LHWCA Danger Zone
In Expeditors and Production Service Company, Inc. v. Director, OWCP (Garrick Spain), No. 18-60895 (5th Cir. Nov. 4, 2019)(not to be published)¹, the United States Court of Appeals for the Fifth Circuit affirmed the lower administrative rulings finding that an…
Robert Stefani Quoted in The Advocate Explaining Unique Aspect of Maritime Bankruptcy
Maritime attorney and Offshore Winds contributor Robert J. Stefani is quoted in today’s Baton Rouge edition of The Advocate explaining a unique aspect of maritime bankruptcies.
Stefani explains that much of what would usually be unsecured debt in a nonmaritime…
SCOTUS Precludes Punitive Damages for an Unseaworthiness Claim
In Dutra v. Batterton, No. 18-266, the Supreme Court of the United States, on June 24, 2019, determined that punitive damages are not allowed for injured vessel crew members seeking remedies for vessel unseaworthiness. In addressing a split between…
Personal Jurisdiction Over a Foreign Ship Manager: A Claim-By-Claim Analysis
NOTE: This post was co-authored by William L. Pardue, a Loyola University New Orleans College of Law student who is spending part of his summer working at King & Jurgens.
Carmona v. Leo Ship Mgmt, Inc.; No. 18-20248, 2019…
Delay at Your Peril
The Ninth Circuit in Warren Iopa v. Saltchuk-Young Brothers, et al, (9th Cir. No. 17-70415, March 4, 2019) affirmed the lower courts’ denial of the claimant’s petition for attorney fees under LHWCA as being made untimely. In this case,…
You Must Warn of Defect Even If You Did Not Make It
In Air & Liquid Systems Corp., et al. v Devries, et al., No. 17-1104 (March 19, 2019) the U.S. Supreme Court held that a product manufacturer, in a maritime tort context, has a duty to warn when its product…
Explicit Designation of Vessels Key for Suppliers Navigating CIMLA
LIENING IN: Best Practices for Suppliers Navigating CIMLA – Part 2
This post is the second installment in a series examining the elements suppliers of maritime goods or services must prove to establish and enforce the supplier’s potential maritime lien…
Physical Supplier of Bunkers Lacks Standing to Challenge Validity of Assignment of Maritime Lien to ING Bank
In NuStar Energy Services, Inc. v. M/V COSCO AUCKLAND, No. 17-20246 (5th Cir. Jan. 14, 2019), the U.S. Fifth Circuit concluded NuStar, the physical supplier of bunkers/marine fuel to the M/V COSCO AUCKLAND, lacked standing to appeal the district…
It’s a Holiday Miracle — Ninth Circuit Follows the Country on Employer’s Defense
In Sira Cruz v. National Steel and Shipbuilding Company; Peterson Industrial Scaffolding, Inc., Civil Action No. 17-55441 (December 19, 2018) (9th Cir.), a case that may only be noteworthy for practitioners in the Ninth Circuit, the Court applied a borrowed…