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Latest from The Maritime Law Blog
Majority Rules: Ninth Circuit Joins in Treating Contribution and Indemnity Claims as Separate in Limitation Proceedings
On September 12, 2024, in In re Live Life Bella Vita LLC, No. 23-55613 (9th Cir. Sept. 12, 2024), the Ninth Circuit joined the majority of circuits by holding that claims for indemnity and contribution are considered separate claims in
EPA Issues Much-Anticipated Final Rule Establishing National Standards of Performance for Vessel Incidental Discharges
On October 9, 2024, the Environmental Protection Agency (“EPA”) published the final rule, Vessel Incidental Discharge National Standards of Performance (“VID-NSP”), establishing national performance standards under the Vessel Incidental Discharge Act (“VIDA”). See 89 Fed. Reg. 82074 (Oct. 9, 2024)
USCG Updates Guidance on Safer Seas Act Camera Requirements
On October 3, 2024, the U.S. Coast Guard published Change 1 to CVC Policy Letter 23-05 — Guidance on Surveillance Requirements for Certain Commercial Vessels That Do Not Carry Passengers (CVC-PL-23-05-CH01).1 This updated Policy Letter addresses the surveillance equipment characteristics
Fifth Circuit Affirms Dismissal of Jones Act Claims Based on Forum Non Conveniens
On July 17, 2024, the United States Court of Appeals for the Fifth Circuit affirmed the district court’s dismissal of a Jones Act seaman’s personal injury suit on forum non conveniens grounds. The decision turned on the enforceability of a
Fifth Circuit Upholds Coast Guard Determination that Dredging Barge with Foreign-Made Crane May Operate in the United States
On April 17, 2024, the U.S. Court of Appeals for the Fifth Circuit upheld the Coast Guard’s determination that a vessel is considered “built in the United States” for purposes of coastwise endorsement eligibility notwithstanding its incorporation of a foreign-made
Factual & Legal Leaps Fall Flat: The Fifth Circuit Affirms that Plaintiff Was Not a Jones Act Seaman
On March 12, 2024, in Santee v. Oceaneering International, Inc. et al., the Court of Appeals for the Fifth Circuit issued a published opinion reaffirming the law on several issues that consistently arise in the maritime and oil and gas
An Introduction to Maritime Law Presumptions
Maritime law has many unique characteristics that differentiate it from state and federal law. One of these characteristics is the application of presumptions of fault, causation, and the condition of property, which shifts the burden of proof from one party
Choice-of-Law Provisions in Marine Insurance Contracts Upheld by the Supreme Court
In a much-anticipated decision, the United States Supreme Court held that choice-of-law provisions in marine insurance contracts are presumptively enforceable under federal maritime law with a few narrow exceptions. In Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC, 601
State Law Taxation of Capital Construction Funds
The Capital Construction Fund (“CCF”) program is a joint program of the Internal Revenue Service and the United States Maritime Administration which provides federal income tax incentives, mostly through tax deferral, to vessel owners and operators.