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.
Admiralty law has evolved since the days when it was entirely judge-made. Since the early 20th century, when Congress began legislating in this area, the role of the courts has changed from leader to follower, from promulgation to interpretation. As…
In the defense of personal injury claims, while not exclusive to the maritime setting, both state and federal procedure allow the defendant to seek orders of the court to allow for medical evaluations. The Louisiana code article [C.C.P. art. 1464]…
The Fifth Circuit again has taken up the issue of seaman status. This time in the case of Sanchez v Smart Fabricators of Texas, Inc. decided on August 14, 2020. This case involved Gilbert Sanchez who was a welder employed…
On July 14, 2020, Judge Gary Klausner dismissed the suit filed by Ronald and Eva Weissberger against Princess Cruise Lines in the federal Central District Court in California. Their claims were for fear of contacting COVID-19 and the emotional stress…
In the case of Tesoriero v Carnival Corporation d/b/a Carnival Cruise Line decided by the federal 11th Circuit Court of Appeal on July 14, 2020, the appeal was decided in favor of the cruise line. The case involved the collapse…
The Current Status in COVID-19 Maritime Litigation A Texas woman filed a lawsuit against Princess Cruise Lines alleging negligence in the death of her husband, who she says contracted and died from COVID-19 while on a cruise aboard the Grand…
ING Bank N.V. v. Bomin Bunker Oil Corporation No. 19-30418 decided March 24, 2020 Bomin Bunker Oil Corporation asserted an in rem claim for a maritime lien against the Bulk Finland M/V (“the Vessel”), a ship to which it supplied…
Holding: “Safe-Berth” Clause is Warranty of Safety On March 30, 2020, the U.S. Supreme Court in the case of CITGO ASPHALT REFINING COMPANY, ET AL., PETITIONERS v. FRESCATI SHIPPING COMPANY, LTD held a safe-berth clause in a voyage charter is…
Court – Situs for Purposes of the Longshore and Harbor Workers’ Compensation Act (LHWCA) The U.S. Court of Appeals for the Fifth Circuit in the case of “MMR CONSTRUCTORS, INCORPORATED v DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS” ruled on March 26, 2020 that…
On March 11, the U.S. Court of Appeals for the Fifth Circuit denied Jones Act seaman status to an offshore worker in the case of GILBERT SANCHEZ v. SMART FABRICATORS OF TEXAS, L.L.C. While the case does not create a…
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