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.

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…

17 Jan 2018

Maritime Update: 9th Circuit Finds Arbitration Clause in Marine Insurance Policy Enforceable Despite State Law to the Contrary

The question presented to the Court in the case of “Galilea, LLC v. AGCS Marine Insurance Company” was: “Is an arbitration provision in a maritime insurance policy enforceable despite law in the forum state assertedly precluding its application?” In its…

10 Jan 2018

Maritime Update: What is a Maritime Contract

On January 8, 2018, the en banc panel of the 5th Circuit re-defined how to determine if a contract is maritime or not. In the case of “In Re Larry Doiron,” the court decided to adopt a simpler test. Facts: In…

22 Dec 2017

Maritime Update: Summary Judgment Standard and the Scindia Duty Under 905(B) to Disclose Latent Defects on Turnover

On December 18, 2017, the Fifth Circuit Court of Appeals overturned a district court decision on summary judgment and remanded in the case of Manson Gulf LLC v Modern American Recycling Service, Inc. The case was one of a determination of…

8 Dec 2017

Maritime Update: Union Contract Will be Upheld for Seafarers Unless Evidence of Unfairness

In the case of Joyce v. Maersk Line handed down on December 4, 2017, the 3rd Circuit Court of Appeal (covering Delaware, New Jersey, Pennsylvania and the Virgin Islands) upheld the terms of union contracts for seafarers. In doing so,…

4 Dec 2017

Maritime Update: Louisiana Supreme Court Decision Affirms Punitive Damages in a Maritime Product Liability Case

In the case of Warren v. Shelter Mutual Ins. Co., decided by the Louisiana Supreme Court on October 18, 2017, they upheld a finding that punitive damages were available in a maritime product liability case. In Warren, a boating accident occurred…

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