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.

19 May 2021

Maritime Update: Injury to Employee Driving to Work Deemed Covered by OCSLA and LHWCA

The Fifth Circuit issued its ruling on May 14, 2021 in the case of Owensby & Kritikos, Incorporated v. Director, Office of Workers’ Compensation Programs and James Boudreaux. The issue in the case was whether an onshore injury to a…

11 May 2021

Maritime Update: 5th Circuit Decides Sanchez is Not a Seaman

Today the Fifth Circuit Court of Appeals decided the en banc (entire court) case of “Gilbert Sanchez versus Smart Fabricators of Texas, LLC” and determined the plaintiff did not have a substantial connection to a vessel or fleet of vessels,…

15 Mar 2021

Maritime Update: Does the FLSA apply to drilling toolpushers earning in excess of $200,000 per year?

The Fair Labor Standards Act (“FLSA”) establishes a standard 40-hour work week by requiring employers to pay a 50% overtime penalty for any time worked over 40 hours per week. These principles apply, of course, only to those workers who…

11 Mar 2021

Maritime Update: Fifth Circuit Affirms Flood Coverage Post-Hurricane Harvey

This is an interesting insurance coverage case under Texas law after Hurricane Harvey and involving a marina. For that reason, we bring it to your attention. In the case of Playa Vista Conroe v Insurance Company of the West decided…

5 Jan 2021

Maritime Update: Sieraki Seamen Still Exist

Legal Background: In the U.S. Supreme Court case of “Seas Shipping Co. v. Sieraki” decided in 1946, they determined the remedy for unseaworthiness was available for people other than a seaman employed by the vessel owner. The Court held the…

4 Jan 2021

Maritime Update: Contributory Negligence/Comparative Fault in Seaman’s Cases

In the case of Knight v Kirby Offshore decided by the Fifth Circuit Court of Appeals on December 17, 2020 (the Fifth Circuit covers Texas, Louisiana and Mississippi), they addressed the comparative fault of a seaman when following his superior’s…

17 Dec 2020

Maritime Update: California Court Rules Their State Laws Apply for Crew Wage Claims in that State

On December 7, 2020, in the case of Gulf Offshore Logistics v Superior Court of Ventura County, a California state court concluded California wage and hour laws applied to seamen and crew aboard a vessel servicing four oil platforms in…

9 Dec 2020

Maritime Update: When a Barge is Being Dismantled, it is No Longer a Vessel for Admiralty Jurisdiction

After an accident during shipbreaking operations killed one worker and injured another, Southern Recycling, L.L.C., brought a petition for exoneration or limitation of liability under the Limitation of Liability Act. Claimants Nestor Aguilar (the injured worker); Lorena Aguilar; Dora Mendieta…

23 Nov 2020

Maritime Update: “Borrowed Employee” Entitled Only to LHWCA Compensation, No Tort Suit

Waukesha Pearce Industries, Inc. employed Milorad Raicevic as an offshore platform mechanic beginning in 2008. While still employed by Waukesha Pearce, Raicevic worked on an offshore platform owned by Fieldwood Energy located on the outer continental shelf in the Gulf…

23 Nov 2020

Maritime Update: 11th Circuit Upholds Application of DOHSA for Jet Crash Into Sea

A recent decision of the 11th Circuit Court of Appeals addressed the application of the Death on the High Seas Act (“DOHSA“) to a death when a jet crashed into the sea. In the case of LaCourse v PAE Worldwide,…

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