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 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…

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…

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