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.

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…

12 Oct 2018

Maritime Update: Towing License Required for Offshore Tow of Underwater Survey Equipment

In the case of Shell Offshore, Inc. v Tesla Offshore, LLC, decided on October 5, 2018, The US Court Of Appeals for the Fifth Circuit ruled that the master of a vessel engaged in towing a towfish used for purposes…

24 Sep 2018

Maritime Update: Tug Pushing Two “Dumb” Barges Liable for Spill Cleanup as the Operating Vessel

In January 2013, a tugboat owned by Nature’s Way Marine was moving two oil-carrying barges owned by Third Coast Towing down the Mississippi River. The barges were “dumb” barges, lacking the ability for self-propulsion or navigation, and as such, were…

10 Sep 2018

Maritime Update: Vessel Insurer Could Limit Liability to Same Extent as Vessel Owner

On August 29, 2018, the US Court of Appeals for the Fifth Circuit, in the case of SCF Waxler Marine v MV Aris T, dismissed the appeal of a lower court decision for lack of appellate jurisdiction. The appeal was…

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