James D. Bercaw
I’ll Take “Not a Vessel” for $600, Alex: What Is a Tension Leg Platform?
Posted in Jones Act, LHWCA, Offshore OilIn the wake of the revisited tests of vessel status by the Supreme Court in Stewart vs. Dutra Construction Company, 543 U.S. 481 (2005) and Lozman v. City of Riviera Beach, Fla., 133 S.Ct. 735 (2013), it remains to be seen whether floating oil and gas production structures, such as SPARS and tension leg platforms (“TLP”),… Continue Reading
The Fifth Circuit Restates Three Duties Vessel Owners Owe Longshore Employees
Posted in LHWCA, Ports & Cargo ShippingUnder Section 905(b) of the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), a vessel owner owes three duties to longshore employees. In October 2012, the Fifth Circuit granted a summary judgment dismissing serious personal injury claims a cargo supervisor filed under LHWCA because the defendants had not breached any of these three duties. In doing… Continue Reading
11th Circuit Approves Pro Rata Apportionment to Plaintiff and Intervenors of Attachment Costs
Posted in Marine Services, Maritime Contracts, Ports & Cargo ShippingIn the unpublished opinion of Adams Offshore, Ltd. v. Blake Marine Group, No. 11-12753 (11th Cir. Apr. 27, 2012), the Eleventh Circuit Court of Appeals adopted the Fifth Circuit’s suggestion in Beauregard, Inc. v. Sword Servs., L.L.C., 107 F.3d 351, 353 n. 8 (5th Cir. 1997), and affirmed the district court’s allocation of costs to… Continue Reading
What’s done cannot be undone: The perils of e-mail confirmations of payments for vessel necessaries
Posted in Marine Services, Maritime Contracts, Ports & Cargo ShippingMost contracts for the sale of goods and services contain a standard provision regarding the application of payments on overdue accounts, such as: “When more than one invoice is past due at the same time, Seller shall be entitled, at its sole discretion, to specify the particular invoice to which any subsequent payment shall be… Continue Reading
If in Doubt, File the Complaint for Limitation of Liability
Posted in Jones Act, Marine Services, Maritime Contracts, Ports & Cargo ShippingOne of the recurring issues in handling maritime wrongful death and personal injury claims is determining what information is sufficient to start the vessel owner’s six-month deadline to file a complaint seeking exoneration or limitation of liability under the Shipowners’ Limitation of Liability Act, 46 U.S.C. § 30501 et seq. from that claim. It is… Continue Reading
When No Privity of Contract Qualifies as “Any Contractual Relationship” under OPA
Posted in Marine Services, Maritime ContractsTransactions to procure supplies for vessels engaged in international trade typically involve numerous international and local brokers, agents and contractors. The vessel operator or charterer will place an order for supplies with a broker. The broker locates a seller with the best price and reputation in the vicinity of the vessel. The seller makes arrangements… Continue Reading
Supreme Court Extends the Scope of the Outer Continental Shelf Lands Act Landward
Posted in Marine Services, Maritime Contracts, Offshore Oil, Ports & Cargo ShippingThe United States Supreme Court, in Pacific Operators Offshore, LLP v. Valladolid, concluded that the widow of an employee who suffered fatal injuries on shore may still recover LHWCA benefits pursuant to OCSLA if her husband’s death had a “substantial nexus” to his employer’s oil and gas operations on the OCS. This is an unexpected… Continue Reading
U.S. Fifth Circuit Clarifies the Role of the Collateral Source Rule with a Seaman’s Recovery of Cure
Posted in Jones Act, Marine Services, Ports & Cargo ShippingA recurring issue in personal injury litigation is the amount of medical expenses a plaintiff is entitled to recover from the defendant. The health care providers charge or bill the plaintiff for the treatment provided, but typically accept as payment in full significantly less from health insurers or the government. The health insurers or government… Continue Reading
Fifth Circuit Focuses on Manning Requirements and Charter Arrangements for Foreign Floating Rigs
Posted in Marine Services, Offshore OilThe U.S. Fifth Circuit, in Brown v. Offshore Specialty Fabricators, Inc., No. 10-40936 (Nov. 23, 2011), recently addressed the confluence of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), the Outer Continental Shelf Lands Act (“OCSLA”), the Immigration and Nationality Act (“INA”), and “foreign control” exemptions from the OCSLA manning requirements that had been issued… Continue Reading
UPDATE: Proposed Regulations on Towing Vessel Inspections – Coast Guard discusses proposals at International Workboat Show in New Orleans
Posted in UncategorizedA U.S. Coast Guard panel comprised of Cdr. Rob Smith, Lt. Cdrs. Patrick Lee and Wade Russell and Mr. Patrick Mannion, provided updates on the proposed rules for towing vessel inspections to the attendees at the International Workboat Show in New Orleans November 30. Because timing is everything, the panel indicated that it did not… Continue Reading
Coast Guard proposes changes to Inspection of Towing Vessels regulations
Posted in Energy, Maritime Contracts, Offshore Oil, Ports & Cargo ShippingThe U.S. Coast Guard has proposed significant changes to the regulations concerning the Inspection of Towing Vessels and arguably eliminating the class of vessels formerly known as uninspected towing vessels. The Coast Guard has established a deadline of December 9, 2011, to receive public comments, which can be made at the following link: www.regulations.gov and… Continue Reading
Enforcing Internet Terms and Conditions in Maritime Contracts
Posted in Maritime ContractsThe U.S. Fifth Circuit, in One Beacon Ins. Co. v. Crowley Marine Servs., Inc., concluded that, under the general maritime law applicable to ship repair contracts, the indemnity and insurance requirements of the vessel owner will be enforceable if they are set forth on an Internet website and clearly incorporated by reference into the vessel… Continue Reading