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.

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…

23 Jul 2018

Maritime Update: Seaman’s Protection Act Case

JOHN R. LOFTUS v. HORIZON LINES, INC. This case arises under the employee protection provision of the Seaman’s Protection Act, 46 U.S.C.A. § 2114 (“SPA” or “the Act”), as amended by Section 611 of the Coast Guard Authorization Act of…

23 May 2018

Maritime Update: Bridge Allision and Depreciation Costs in Repairs

State of Louisiana v. Taira Lynn Marine, Ltd., 2018 La.App. LEXIS 689, 2018 WL 1735057, 17-582 (La. App. 5th Cir. 04/11/18) The sole issue presented in this matter related to the proper method of calculating depreciation for purposes of awarding…

16 May 2018

Maritime Update: 11th Circuit Decision Awards Quantum-Meruit to Bunker Supplier Under Florida Law

The shipping world has been struggling with the bankruptcy of O.W. Bunker and its entities. Many of the fuel suppliers have not been paid and creative legal efforts for restitution have been attempted in many jurisdictions. In the latest decision…

23 Apr 2018

Maritime Update: Court of Appeals for Federal Circuit Finds U.S. Not Liable for Flood Damages Caused by Hurricane Katrina

On April 20, 2018, the U.S. Court of Appeals for the Federal Circuit reversed the U.S. Court of Federal Claims. They concluded that the United States is not liable for flood damages to plaintiffs’ properties caused by Hurricane Katrina. Saint…

13 Apr 2018

Maritime Update: 1st Circuit Court Finds a Vessel Passenger can Recover for Emotional Damages without Physical Harm if in the “Zone of Danger”

In the case of SAWYER BROTHERS, INC v. ISLAND TRANSPORTER, LLC; and M/V Island Transporter (2018 WL 1602230), decided by the federal 1st Circuit Court of Appeals on April 3, 2018, the court upheld the award of emotional distress damages…

6 Mar 2018

Maritime Update: Facts in Dispute Preclude Presumption of Fault Against the Moving Vessel in an Allision

In the case of Vane Line Bunkering, Inc. v. Natalie D M/V decided by Judge Eldon Fallon on February 21, 2018, the issue involved whether a moving vessel is at fault when it allides with a stationary object. Judge Fallon, one…

21 Feb 2018

Maritime Update: What is a “Tow” to be Covered Under a P&I Insurance Policy?

On February 15, 2018, the Fifth Circuit federal appeals court rendered its decision in CONTINENTAL INSURANCE COMPANY versus L&L MARINE TRANSPORTATION, INC. consolidated with P & I UNDERWRITERS, subscribing to Policy Number B0507M13PP07280 versus ATLANTIC SPECIALTY INSURANCE COMPANY. It is…

26 Jan 2018

Maritime Update: 9th Circuit Court of Appeals Disagrees with 5th Circuit on Availability of Punitive Damages in Unseaworthiness Claims

In the case of Batterton v Dutra Group, decided by the 9th Circuit Court of Appeals on January 23, 2018, the panel held that punitive damages are awardable to seamen for their own injuries in general maritime unseaworthiness actions. In…

23 Jan 2018

Maritime Update: Violation of Liner Negligence Clause Results in Finding of No Coverage Under Hull Policy

The case of “STARNET INSURANCE COMPANY v. LA MARINE SERVICE LLC AND LEONARD JOURDAN, JR” was decided by Judge Sarah Vance in the Eastern District of Louisiana on December 27, 2017. She concluded the hull insurer did not owe for…

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