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.
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On November 6, 2020 in an unpublished decision, the U.S. Court of Appeals for the Fifth Circuit in the case of Melancon vs. Carnival Corporation affirmed the dismissal of plaintiff passenger’s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…
Gilbert Sanchez was injured when he tripped on a pipe welded to the deck of a jacked-up offshore drilling rig. He filed a negligence action against Smart Fabricators of Texas (“SmartFab”), claiming seaman status under the Jones Act. The District…
Admiralty law has evolved since the days when it was entirely judge-made. Since the early 20th century, when Congress began legislating in this area, the role of the courts has changed from leader to follower, from promulgation to interpretation. As…
In the defense of personal injury claims, while not exclusive to the maritime setting, both state and federal procedure allow the defendant to seek orders of the court to allow for medical evaluations. The Louisiana code article [C.C.P. art. 1464]…
The Fifth Circuit again has taken up the issue of seaman status. This time in the case of Sanchez v Smart Fabricators of Texas, Inc. decided on August 14, 2020. This case involved Gilbert Sanchez who was a welder employed…
On July 14, 2020, Judge Gary Klausner dismissed the suit filed by Ronald and Eva Weissberger against Princess Cruise Lines in the federal Central District Court in California. Their claims were for fear of contacting COVID-19 and the emotional stress…
In the case of Tesoriero v Carnival Corporation d/b/a Carnival Cruise Line decided by the federal 11th Circuit Court of Appeal on July 14, 2020, the appeal was decided in favor of the cruise line. The case involved the collapse…
The Current Status in COVID-19 Maritime Litigation A Texas woman filed a lawsuit against Princess Cruise Lines alleging negligence in the death of her husband, who she says contracted and died from COVID-19 while on a cruise aboard the Grand…
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