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Maritime Updates

17 Jan 2018

Maritime Update: 9th Circuit Finds Arbitration Clause in Marine Insurance Policy Enforceable Despite State Law to the Contrary

The question presented to the Court in the case of “Galilea, LLC v. AGCS Marine Insurance Company” was: “Is an arbitration provision in a maritime insurance policy enforceable despite law in the forum state assertedly precluding its application?” In its…

10 Jan 2018

Maritime Update: What is a Maritime Contract

On January 8, 2018, the en banc panel of the 5th Circuit re-defined how to determine if a contract is maritime or not. In the case of “In Re Larry Doiron,” the court decided to adopt a simpler test. Facts: In…

22 Dec 2017

Maritime Update: Summary Judgment Standard and the Scindia Duty Under 905(B) to Disclose Latent Defects on Turnover

On December 18, 2017, the Fifth Circuit Court of Appeals overturned a district court decision on summary judgment and remanded in the case of Manson Gulf LLC v Modern American Recycling Service, Inc. The case was one of a determination of…

8 Dec 2017

Maritime Update: Union Contract Will be Upheld for Seafarers Unless Evidence of Unfairness

In the case of Joyce v. Maersk Line handed down on December 4, 2017, the 3rd Circuit Court of Appeal (covering Delaware, New Jersey, Pennsylvania and the Virgin Islands) upheld the terms of union contracts for seafarers. In doing so,…

4 Dec 2017

Maritime Update: Louisiana Supreme Court Decision Affirms Punitive Damages in a Maritime Product Liability Case

In the case of Warren v. Shelter Mutual Ins. Co., decided by the Louisiana Supreme Court on October 18, 2017, they upheld a finding that punitive damages were available in a maritime product liability case. In Warren, a boating accident occurred…

4 Dec 2017

Maritime Update: Casino Not a Vessel, Therefore Seaman Status Not Available to Plaintiff

In a decision handed down on November 8, 2017 by the Court of Appeal for the Third Circuit, State of Louisiana, they determined the trial court was incorrect and reversed and rendered summary judgment in favor of defendant, St. Charles…

1 Nov 2017

Maritime Update: Direct Action Under LA Law – Insurers Liable Only to Extent of Policy Language

In the case of SCF WAXLER MARINE, LLC, et al. v. M/V ARIS T, et al. decided by Judge Jay Zainey in the Eastern District of Louisiana on September 6, 2017, the court upheld the underwriter’s right to limit exposure…

29 Sep 2017

Maritime Update: Fifth Circuit Limits Outer Continental Shelf Lands Act Regulations

On September 27, 2017, the Fifth Circuit affirmed the District Court decision to dismiss criminal charges by the government in the case of “USA v. Don Moss, Curtis Dantin, Grand Isle Shipyards, and Christopher Srubar”. The criminal charges arose under…

20 Sep 2017

Martime Update: U.S. Fifth Circuit En Banc to Revisit Maritime Contract Determination

On March 9, we sent out a Maritime Update about the case of Larry Doiron, Inc. v. Specialty Rental Tools & Supply, decided by the court on February 23. In that case, the court applied the current test of the Davis…

5 Sep 2017

Maritime Update: DOJ Prevails on Felony Violations of Black Elk and Fines of $4.2 Million for Explosion

Black Elk Energy Offshore Operations LLC (BEE), was sentenced on Thursday, August 31 on eight felony violations of the Outer Continental Shelf Lands Act (OCSLA) and one misdemeanor count of violating the Clean Water Act before the Honorable U.S. District…

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