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The Lookout - February 2019
The Lookout provides readers with a snapshot of some important developments in maritime law and the maritime industry that are being monitored by the Admiralty, Maritime & Energy Litigation Practice at Lewis Brisbois.
United States
11 Feb 2019
2
Fifth Circuit Affirms Summary Judgment In Favor Of Vessel Owner In Jones Act Claim Regarding "Prompt And Adequate Medical Care"
In December 2018, the Fifth Circuit in Randle v. Crosby Tugs, LLC affirmed the lower court's granting of summary judgment related to the plaintiff's claim of Jones Act negligence.
United States
6 Feb 2019
3
Ninth Circuit Clarifies Necessaries For Purposes Of A Maritime Lien
In Bunker Holdings Ltd. v. Yang Ming Liberia Corp., the Ninth Circuit Court of Appeals clarified what it means to order necessaries "on the order of the owner of a person ...
United States
6 Feb 2019
4
Lewis Brisbois Counsel Secures Dismissal LHWCA Complaint In New York
In Kopetic v. The Port Authority of New York & New Jersey (April 12, 2018), Lewis Brisbois' client, a governmental entity who owns a container terminal in New York Harbor, was sued by an injured longshoreman...
United States
18 Jul 2018
5
Court Rejects Argument That Forum Selection Clause Violates COGSA Because Forum Does Not Recognize In Rem Actions
On May 4, 2018, the Third Circuit in Liberty Woods International v. MV Ocean Quartz affirmed the District Court's dismissal of plaintiff's action for cargo damages while onboard the MV OCEAN QUARTZ.
United States
16 Jul 2018
6
Fourth Circuit Affirms Conviction And Sentencing Of Vessel Owner And Operator For Violations Of APPS
On May 7, 2018, the Fourth Circuit in United States v. Oceanic Illsabe Limited affirmed the conviction and sentencing of a vessel owner and operator for violations of the Act to Prevent Pollution from Ships (APPS).
United States
10 Jul 2018
7
The Lookout – March 2018
The Lookout provides readers with a snapshot of some important developments in maritime law and the maritime industry that are being monitored by the Admiralty, Maritime & Energy Litigation Practice at Lewis Brisbois.
United States
16 Mar 2018
8
Fifth Circuit Replaces 6-Factor Test Of Maritime Contract Jurisdiction In Favor Of 2-Factor Test In Kirby
In January 2018, the Fifth Circuit in In Re: In the Matter of the Complaint of Larry Doiron, Incorporated set aside the "confusing," six-factor, fact-intensive test of maritime contract jurisdiction ...
United States
14 Mar 2018
9
Ninth Circuit Splits With Fifth Circuit In Deciding That Punitive Damages Are Available In Unseaworthiness Cases
In January 2018, the Ninth Circuit in Batterton v. Dutra Group affirmed the lower court's decision ruling that punitive damages are awardable to seamen in unseaworthiness actions.
United States
13 Mar 2018
10
Fifth Circuit Re-Examines Scindia Duties
In June 2015, an employee of Modern American Recycling Service (MARS) was killed when he stepped through an unmarked open hole on a platform.
United States
13 Mar 2018
11
Q4 Admiralty Newsletter – The Lookout
The Lookout provides readers with a snapshot of some important developments in maritime law and the maritime industry that are being monitored by the Admiralty, Maritime & Energy Litigation Practice at Lewis Brisbois.
United States
8 Dec 2017
12
Court Applies The Reasonable Foreseeability Test To The "Bare-Metal Defense" In Asbestos Case Under Maritime Law
The Third Circuit in In Re: Asbestos Products Liability Litigation (No.VI) Case Nos. 16-2602 & 16-2669 (October 3, 2017) issued its opinion on the availability ...
United States
6 Dec 2017
13
Eleventh Circuit Clarifies The Permissible Reach Of Rule B
In SCL BASILISK AG v. Agribusiness United Savannah Logistics LLC, Docket no. 16-15535 (Nov. 14, 2017), the Eleventh Circuit Court of Appeals clarified the permissible reach of Rule B ...
United States
6 Dec 2017
14
No Maritime Lien For The Replacement Cost Of Inventory Not Delivered To Ferry
In Maine Uniform Rental v. MV Nova Star, No. 16-2467 (1st Cir., November 7, 2017), the First Circuit declined to extend the reach of a maritime lien claim ...
United States
6 Dec 2017
15
The Lookout – Monitoring Admiralty, Maritime And Energy Practice (Summer 2017)
The Lookout provides readers with a snapshot of some important changes on the horizon that the Admiralty, Maritime & Energy Practice at Lewis Brisbois is monitoring.
United States
25 Aug 2017
16
Fifth Circuit Reiterates That A Seaman Under FLSA Is Not Equivalent To A Jones Act Seaman And Reviews Whether Remotely Operated Vehicle Technicians Onboard Vessels Fall Within The FLSA's Seaman Exemption
On April 19, 2017, the Fifth Circuit in Halle v. Galliano Marine Serv., LLC issued on opinion reiterating that a"seaman" under the FLSA is not equivalent to a Jones Act seaman...
United States
24 Aug 2017
17
Texas Supreme Court Reverses Lower Court, Holding That A Ship Unable To Engage In Self-Transportation During A Major Overhaul Was Not A Vessel In Navigation Under The Jones Act
Over a four-justice dissent, the Texas Supreme Court reversed the decision of the court of appeals and held that a drill ship undergoing a conversion was not a "vessel in navigation"...
United States
21 Aug 2017
18
U.S. Coast Guard Revises Marine Safety Manual, Volume III, Marine Industry Personnel
In July 2017, the Coast Guard released its changes to the Marine Safety Manual (MSM), Volume III, governing Marine Industry Personnel.
United States
21 Aug 2017
19
Fifth Circuit Reiterates That A Seaman Under FLSA Is Not Equivalent To A Jones Act Seaman And Reviews Whether Remotely Operated Vehicle Technicians Onboard Vessels Fall Within The FLSA's Seaman Exemption
The Fifth Circuit issued on opinion reiterating that a "seaman" under the Federal Labor Standards Act (FLSA) is not equivalent to a Jones Act seaman, and decided an issue of first impression – whether remotely operated vehicle (ROV) technicians are seaman under the FLSA.
United States
18 Aug 2017
20
Indemnity? Insurance? Neither? Both? Fifth Circuit Denies Indemnity Claim But Remands For Determination Of Additional Insured Coverage
towing vessel damaged a Shell mooring line attached to a Shell a mobile offshore drilling unit in the Gulf of Mexico. After paying Shell's damages, the towing vessel owner sued the owner of the assist towboat
United States
26 Jul 2017
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