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.
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…
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…
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…
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…
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…
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…
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…
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,…
The legislation known as the Outer Continental Shelf Lands Act (OCSLA) for the exploration and development of the resources offshore applies the state law of the adjacent state if no federal statute applies and if it is not inconsistent with…
On November 6, 2020 in an unpublished decision, the U.S. Court of Appeals for the Fifth Circuit in the case of Melancon vs. Carnival Corporation affirmed the dismissal of plaintiff passenger’s personal injury claim against a cruise line. Plaintiff filed…
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