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.

12 Nov 2020

Maritime Update: Federal Law Controls State Law on Outer Continental Shelf

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…

10 Nov 2020

Maritime Update: Court Enforces One-Year Limitation on Cruise Line Ticket

On November 6, 2020 in an unpublished decision, the U.S. Court of Appeals for the Fifth Circuit in the case of Melancon vs. Carnival Corporation affirmed the dismissal of plaintiff passenger’s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…

6 Nov 2020

Maritime Update: Fifth Circuit to Rehear Sanchez Case on Seaman Status En Banc

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…

20 Oct 2020

Maritime Update: An Instructive Look at the Current State of Maritime Law

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…

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…

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