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.

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…

21 Nov 2019

Maritime Update: 5th Circuit Adjusts Doiron Test for Mixed-Services Contracts

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,…

6 Nov 2019

Maritime Update: Louisiana Supreme Court Grants Writ in Don Caldwell, et al. v. St. Charles Gaming Co.

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…

29 Aug 2019

Maritime Update: The Importance of Inland Waterways

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…

20 Aug 2019

Maritime Update: What Constitutes Notice of a Claim Under Limitation of Liability?

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…

31 Jul 2019

Maritime Update: Louisiana 3rd Circuit Court Rules Grand Palais Casino is a Vessel

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…

11 Jul 2019

Maritime Update: La. CCP Article 3542 Allows for Attachment in Aid of Arbitration if the Origin of the Underlying Arbitration Claim is One Pursuing Money Damages

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…

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