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Maritime Updates

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…

30 Aug 2017

Maritime Update: 9th Circuit Affirms Award of LHWCA Compensation Benefits for Suicide Attempt by Worker

On August 17, the 9th Circuit Court of Appeals affirmed an award of compensation benefits in the case of Leeward Marine, Inc. et al v William B. Kealoha. The case involved an award of Longshore and Harbor Workers’ Compensation Act…

8 Aug 2017

Maritime Update: Vessel Owner Not Required to Intervene in Unloading Operations

On August 3, 2017, the 11th Circuit Court of Appeals determined a vessel owner did not breach its duty to intervene in the operations of an unloading stevedore. The decision in the case of Dixon v. NYK Reefers is discussed below….

20 Jun 2017

Maritime Update: OPA Grants a Right to Contribution for Purely Economic Damages for Liable Third Party

SUMMARY: In Settoon Towing, L.L.C. v. Marquette Transportation Company, L.L.C., decided by the U.S. Court of Appeals for the Fifth Circuit on June 9, 2017, it held for the first time that a “Responsible Party” under the Oil Pollution Act…

31 May 2017

Maritime Update: A Seaman May Not Recover Punitive Damages Against Non-employer Third Party

On May 22, 2017, Judge Mary Ann Lemmon of the United States District Court for the Eastern District of Louisiana rendered a decision which traced the case law history on punitive damages for a seaman. Following her review, she ruled…

18 May 2017

Maritime Update: The Burden of Proof When There are Preexisting Conditions

On May 12, 2017, the Fifth Circuit Court of Appeals again addressed the law with regard to a plaintiff with pre-existing conditions which make him/her more susceptible to disability. In the case of Koch v. USA, the appeals court affirmed…

16 May 2017

Maritime Update: 5th Circuit Affirms Summary Judgment for Platform Owner

In its decision in DAVIS v. DYNAMIC OFFSHORE RESOURCES, L.L.C. decided on May 12, 2017, the Fifth Circuit Court of Appeals affirmed summary judgment in favor of Dynamic Offshore as a platform owner. Dynamic owned and operated offshore platforms in…

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