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Maritime Updates

30 Jan 2017

Maritime Update: 4th Circuit Court of Appeals Rules “Zone of Danger Test” Not Applicable to Compensation Claims

In the case of CERES MARINE TERMINALS, INC., v DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS, UNITED and SAMUEL JACKSON, the Fourth Circuit Court of Appeals (federal) ruled that LHWCA claimants can recover for a work-related psychological injury and it is…

2 Dec 2016

Maritime Update: The Louisiana 1st Circuit Weighs in on – What is a Maritime Tort?

In the case of Welch v. Daniels decided October 31, 2016 by the First Circuit Court of Appeals for the State of Louisiana, the plaintiff-appellant, Eddy Welch, appealed a judgment rendered by the Nineteenth Judicial District Court. The trial court…

29 Nov 2016

Maritime Update: Fifth Circuit Makes a Change in the Collateral Source Rule for Maritime Torts

This ground breaking decision of DePerrodil v. Bozovic Marine, Inc. by the Fifth Circuit Court of Appeals on November 17 addressed the collateral source rule with respect to the recovery of medical expenses and what is commonly known as the…

2 Nov 2016

Maritime Update: 9th Circuit Court of Appeals Upholds McCorpen Defense for Maintenance & Cure

In this unpublished decision, the relevant question on appeal in the case of Coastal Villages Pollock v. Ahokaya, 2016 U.S. App. LEXIS 18194 (9th Cir. Oct. 6, 2016) was whether the district court correctly determined, as a matter of law,…

12 Oct 2016

Maritime Update: 5th Circuit Awards Attorney Fees to Prevailing Party in Allision Case

The US Court of Appeals for the Fifth Circuit affirmed the award of attorney fees of almost $300,000 to the prevailing plaintiff in an allision case. In the case of  Moench v. Marquette Transportation decided by the 5th Circuit on…

27 Sep 2016

Maritime Update: 5th Circuit Affirms Summary Judgment Denying Seaman Status to Reassigned Worker

On September 23, the Fifth Circuit affirmed a summary judgment in the lower court on seaman status. In the case of Felder v. Nabors Offshore Corporation, the summary judgment evidence revealed Felder suffered a brain aneurysm while on Nabors’ platform…

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…

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