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.

2 Oct 2020

Maritime Update: Audio and Video Recordings of Defense Medical Evaluations Overruled

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]…

4 Sep 2020

Maritime Update: The Seaman Status Cases Just Keep On Coming

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…

15 Jul 2020

Maritime Update: Cruise Line Passengers Denied Cause of Action for Fear of COVID-19

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…

15 Jul 2020

Maritime Update: Duty Owed to Cruise Line Passenger (Chair Collapse)

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…

14 May 2020

Maritime Update: The Current Status in COVID-19 Maritime Litigation

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…

1 Apr 2020

Maritime Update: Another O.W. Bunker Case With No Lien Allowed Due

ING Bank N.V. v. Bomin Bunker Oil Corporation No. 19-30418 decided March 24, 2020 Bomin Bunker Oil Corporation asserted an in rem claim for a maritime lien against the Bulk Finland M/V (“the Vessel”), a ship to which it supplied…

31 Mar 2020

Maritime Update: Supreme Court Holds That “Safe-Berth” Clause is Warranty of Safety

Holding: “Safe-Berth” Clause is Warranty of Safety On March 30, 2020, the U.S. Supreme Court in the case of CITGO ASPHALT REFINING COMPANY, ET AL., PETITIONERS v. FRESCATI SHIPPING COMPANY, LTD held a safe-berth clause in a voyage charter is…

30 Mar 2020

Maritime Update: Control Technician Covered by Longshore Act

Court – Situs for Purposes of the Longshore and Harbor Workers’ Compensation Act  (LHWCA) The U.S. Court of Appeals for the Fifth Circuit in the case of “MMR CONSTRUCTORS, INCORPORATED v DIRECTOR, OFFICE OF WORKERS’ COMPENSATION PROGRAMS” ruled on March 26, 2020 that…

24 Mar 2020

Maritime Update: Jones Act Status Denied to Offshore Welder

On March 11, the U.S. Court of Appeals for the Fifth Circuit denied Jones Act seaman status to an offshore worker in the case of GILBERT SANCHEZ v. SMART FABRICATORS OF TEXAS, L.L.C. While the case does not create a…

4 Feb 2020

Maritime Update: Moored Casino is Not a Vessel

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…

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