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Maritime Updates

19 Sep 2016

Maritime Update: Procedures for the Filing of Retaliation Complaints Under the Seaman’s Protection Act

OSHA has now issued its final regulations (29 CFR Part 1986) governing the employee protection (whistleblower) provisions of the Seaman’s Protection Act (SPA or the Act), as amended by section 611 of the Coast Guard Authorization Act of 2010. This…

31 Aug 2016

Maritime Update: BSEE – Offshore Production Safety Technologies

The Bureau of Safety and Environmental Enforcement (BSEE) issued a press release stating that the final rule regarding safety and maintenance requirements for offshore oil and gas production technologies has been approved and forwarded to the Office of the Federal…

30 Aug 2016

Maritime Update: USCG – Towing Industry Annual Safety Report

The US Coast Guard, in cooperation with the American Waterways Operators (AWO), released the National Quality Steering Committee’s Annual Safety Report for 2015. The committee looks at three safety measures to track overall trends in towing industry safety and environmental…

29 Aug 2016

Maritime Update: Tension Leg Platform Not a Vessel

Baker v. Gulf Island Marine Fabricators, No. 15-60634 On August 19, the 5th Circuit again confirmed that a denial of benefits was appropriate under the Longshore and Harbor Workers’ Compensation Act (LHWCA) to an employee allegedly injured in the employer’s waterside…

15 Jun 2016

Maritime Update: 5th Circuit Affirms Lack of Personal Jurisdiction Over Norwegian Defendant

On June 13, 2016, the US Court of Appeals for the Fifth Circuit affirmed the dismissal of a complaint for personal injury filed in Louisiana against a Norwegian company (Akers Subsea). In the case of Patterson v. Aker Solutions, the…

29 Mar 2016

Maritime Update: 5th Circuit Finds No Coverage Under P & I Policy in Crane Accident

Naquin v. Elevating Boats, L.L.C., — F.3d —-2016 WL 1138516 (5th Cir. March 22, 2016) This insurance coverage dispute arose from personal injuries sustained by Larry Naquin while operating an EBI land based crane. Naquin sued EBI under the Jones Act. At…

29 Mar 2016

Maritime Update: 5th Circuit Decides OCSLA Choice of Law Issue

Petrobras America, Inc. v. Vicinay Cadenas, S.A., — F.3d —- 2016 WL 876577 (5th Cir. March 7, 2016). Petrobras contracted with Technip USA, Inc. (“Technip”), to construct five “free-standing hybrid riser” systems that move crude oil from wellheads on the seabed to “Floating Production Storage and…

4 Mar 2016

Maritime Update: Third Circuit Upholds Award of Attorneys Fees for Failure to Pay Maintenance and Cure

Stermer v. Archer-Daniels-Midland Co.,  — So.3d —- 2016 WL 718521 (La. App. 3rd Cir. 2/24/16). Adrienne Sturmer filed suit against her employer, ARTCO, for injuries she sustained while working aboard M/V COOPERATIVE ENTERPRISES.  Sturmer sought  damages under the Jones Act…

4 Mar 2016

Maritime Update: Court Rules Plaintiff is Not Jones Act Seaman

Jefferson v. Weeks Marine, Inc., 2016 WL 409603 (E.D. La. 2/3/16) Plaintiff was an employee of Atlantic Sounding, a subsidiary of Weeks Marine.  Plaintiff was initially hired in August 2009 as a deckhand to work aboard one of its dredges. …

18 Nov 2015

Maritime Update: When is a vessel a vessel for indemnity purposes?

In the recent decision of “BW Offshore United States v. Tvt Offshore” by Judge Jane Triche Milazzo in the Eastern District of Louisiana, the court addressed the vessel status of  the BW PIONEER. This structure was and is a floating, production,…

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