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.

1 Dec 2021

Maritime Update: Untimely Claim Denied in a Limitation Action

A recent decision on November 5, 2021by the United States District Court in Massachusetts reinforces the strict statutory requirements of the Limitation of Liability Act (“Act”). In the case of “In the MATTER OF G&J FISHERIES, INC.”, the Court ordered…

3 Nov 2021

Maritime Update: Longshore Act exemption and application explained in wrongful death of diver

On October 29, 2021, the federal 11th Circuit Court of Appeals (covering Alabama, Florida and Georgia) rendered its decision in the case of “In re: Complaint of Brizo LLC v. Carbajal”.  In that case they determined that a diver who…

7 Oct 2021

Maritime Update: The Fair Labor Standards Act and the Maritime Industry

The Fair Labor Standards Act and the Maritime Industry There are now three cases which deserve your attention since they involve maritime workers and how they are to be paid.  The question presented is whether the worker is entitled to…

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…

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