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.
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…
As previously reported in our July 31, 2019 and November 6, 2019 Maritime Update’s, the Louisiana Supreme Court was deciding whether a permanently moored casino vessel is a “vessel” under general maritime law. On January 27, 2020, the Supreme Court…
On November 11, 2019, the Fifth Circuit gave further guidance on how to apply the Doiron test determining if a contract is maritime in the mixed-services contract setting. In the decision rendered in BARRIOS v. CENTAUR, L.L.C. v. RIVER VENTURES,…
In our Maritime Update issued on July 31, 2019, we advised that the Third Circuit Court of Appeals in Louisiana found that the ISLE OF CAPRI CASINO-LAKE CHARLES, now called the GRAND PALAIS, was still a vessel for purposes of…
A study by the U.S. Department of Agriculture entitled “The Importance of Inland Waterways to U.S. Agriculture” has been released. The report finds that, due to its efficiencies and lower costs, the inland waterways system saves between $7 and $9…
Under the federal statute allowing for the filing of a limitation of liability action by a vessel owner, 46 U.S.C. § 30511(a) permits the owner of a vessel to bring such action in a United States District Court, as long…
In its July 3, 2019 decision in the consolidated case of Don Caldwell and Sheronda Caldwell v. St. Charles Gaming Company d/b/a ISLE OF CAPRI CASINO-LAKE CHARLES, the Louisiana Third Circuit Court of Appeals found that the Grand Palais casino…
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