Baldwin Haspel Burke & Mayer LLC

Maritime Updates

Baldwin Haspel Burke & Mayer’s Maritime Update is an e-newsletter authored by attorney Bill Schwartz, which provides discussions on the latest in maritime-related decisions and legislative developments.

19 Jun 2019

Maritime Update: Intentional or Gross Fault Under Louisiana Law Can Nullify Releases or Waivers in Offshore Contracts (Under OCSLA)

On June 18, in the case of Petrobras America Inc. v Vicinay Cadenas, S.A., the Fifth Circuit reversed the summary judgment determination of the lower court and remanded this case back to the District Court for consideration of the contract…

10 Jun 2019

Maritime Update: Platform Workers are Employed Under OCSLA and State Law is Not Applicable to Allow Overtime Wages for “Off-Time Work”

The Supreme Court ruled unanimously Monday, June 10, 2019 against workers on oil drilling platforms. In the case of Parker Drilling Management v Newton, the workers argued they should be paid for the off-work time they spend on the platform,…

21 May 2019

Maritime Update: Personal Jurisdiction Decision in Shifting Cargo Case

In the Fifth Circuit case decided May 10, 2019 of Jose Carmona v Leo Ship Management, Inc., the court affirmed in part the decision of the trial court that no jurisdiction existed as to the claim for shifting cargo; i.e….

13 May 2019

Maritime Update: La. Supreme Court Rules Collateral Source Rule Does Not Apply to Medical Expenses Charged Above the Amount

In the case of Simmons v. Cornerstone Investments, LLC decided by the Louisiana Supreme Court on May 8, 2019, they held that in a tort case against a third party tortfeasor, the collateral source rule did not apply to medical…

20 Mar 2019

Maritime Update: U.S. Supreme Court Rules Duty to Warn in Maritime Products Liability

AIR AND LIQUID SYSTEMS CORP., ET AL., v. ROBERTA G. DEVRIES, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF JOHN B. DEVRIES, DECEASED, ET AL. In the above case, the U.S. Supreme Court ruled on March 19, 2019 that manufacturers…

19 Mar 2019

Maritime Update: Seaman’s Manslaughter Statute

There was an announcement this week by the U.S. Attorney in Portland, Maine that a vessel master, Christopher Hutchinson, was sentenced in U.S. District Court by Judge D. Brock Hornby to four years in prison and three years of supervised…

13 Mar 2019

Maritime Update: The McCorpen Defense, Properly Investigated, Precludes Punitive Damages Claim

Judge Martin Feldman, in the case of Alliance Marine Services, LP v. Gary Youman, decided in December 2018, found this was a classic McCorpen defense situation where the employer required a seaman to submit to a pre-hiring medical examination/interview wherein…

27 Feb 2019

Maritime Update: 5th Circuit Affirms Jones Act Employer Acted Promptly to Provide Medical Care

In the case of “Randle v. Crosby Tugs, L.L.C.” decided by the 5th Circuit Court of Appeals on December 19, 2018 and revised on January 7, 2019, they affirmed the lower court decision rendered on summary judgment. In that decision,…

7 Feb 2019

Maritime Update: U.S. Supreme Court Affirms That Court Cannot Enforce Arbitration Clause in “Contracts of Employment”

On January 15, 2019, the U.S. Supreme Court issued its decision in New Prime, Inc. v. Oliveira, 2019 WL 189342, 2019 U.S. LEXIS 724 (Jan. 15, 2019). Here, the Court addressed two issues: (1) whether a court or arbitrator should…

31 Jan 2019

Maritime Update: No Reimbursement to Jones Act Employer from a Liable Party for Maintenance & Cure Paid for a Concealed, Pre-Existing Condition

This is a maritime case involving an allision. The issue presented to the 5th Circuit in the case of “In the Matter of 4K Marine and Central Boat Rentals” and decided on January 30, 2019, was whether the owner of…

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