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.

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…

17 Jan 2019

Maritime Update: Another 5th Circuit Case Denying Lien for Bunker Fuel in OW Bunker Aftermath

In its decision rendered January 14, 2019 in the case of NUSTAR ENERGY SERVICES, INCORPORATED v. M/V COSCO AUCKLAND, IMO NO. 9484261, the Fifth Circuit again concluded a creditor did not have a lien against a vessel since the “facts…

2 Jan 2019

Maritime Update: A Rare Dismissal by 6th Circuit of Jones Act and GML Unseaworthiness Claim

Synopsis: In a rare case, the 6th Circuit Court of Appeals affirmed the dismissal of both the Jones Act negligence and general maritime law unseaworthiness claims of a seaman. In sum, NCL America LLC (“NCLA”) hired Marvin Allen to work…

10 Dec 2018

Maritime Update: U.S. Supreme Court to Review Whether a Seaman Can Recover Punitive Damages for an Unseaworthy Condition

On Friday, December 7, the U.S. Supreme Court granted a writ to review whether a remedy for punitive damages exists for seamen who are injured or killed at work because of a breach of the general maritime duty to provide…

23 Oct 2018

Maritime Update: Collateral Chattel Mortgage Meets the Requirements of the Ship Mortgage Act

In the case of State Bank & Trust Co. v. C&G Liftboats, L.L.C., an appeal was filed by defendants seeking to overturn a District court determination that a collateral chattel mortgage, which was not valid under Louisiana law, could still…

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