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.
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…
In the case of Stemcor USA, Inc. v. Cia Siderurgica do Para Cosipar decided the end of May 2019 by the Louisiana Supreme Court on a question certified by the U.S. Fifth Circuit Court of Appeals, the courts held: “Louisiana…
This fall, the U.S. Supreme Court will take up the issue whether under federal maritime law a safe berth clause in a voyage charter contract is a guarantee of a ship‘s safety. This is the holding in the U.S. Courts…
Today, June 24, 2019, the U.S. Supreme Court ruled in the Dutra Group v Batterton decision the overwhelming historical evidence suggests that punitive damages are not available for unseaworthiness claims. The Court reversed the Ninth Circuit in a 6-3 vote in an…
On June 18, in the case of Petrobras America Inc. v Vicinay Cadenas, S.A., the Fifth Circuit reversed the summary judgment determination of the lower court and remanded this case back to the District Court for consideration of the contract…
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