In 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
Category Archives: Jones Act
Subscribe to Jones Act RSS FeedJones Act Status Remains Unavailable on SPARS
Posted in Jones Act, Offshore OilJones Act status remains unavailable on SPAR Platforms, a type of deepwater floating oil drilling and production facility used in the offshore petroleum industry. While, as noted in the recent blog by Joseph Devall, Jr., the Supreme Court of the United States (SCOTUS) contemplates a further “clarification” of the term “vessel,” the Fifth Circuit has reiterated that, even in light… 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
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
Coast Guard to Review Jones Act Vessel Citizenship Requirements
Posted in Jones Act, Marine ServicesIn an action that may signal future changes to vessel documentation requirements for publicly traded companies, the U.S. Coast Guard published a Notice in the Federal Register November 3 seeking comments on mechanisms currently employed by such companies in order to assure compliance with U.S. citizenship requirements. At least 75% of the stock or other… Continue Reading