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Category Archives: Maritime Accidents

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Validity and Enforceability of Seaman’s Release

Posted in Maritime Accidents

The recent ruling in Double J. Marine, LLC v. Matthew Nuber, No. 13-5825 (E.D. La. Dec. 11, 2013) serves as a key reminder that employers need to be mindful that courts scrutinize release agreements as seamen are the wards of the admiralty court, whose rights federal courts are duty-bound to jealously protect. Double J. Marine,… Continue Reading

But I’m Not Dead Yet! Punitive Damages for Unseaworthiness Claims Live On

Posted in Jones Act, Maritime Accidents

The U.S. Fifth Circuit Court of Appeals recently concluded that Jones Act seamen can recover punitive damages for their employer’s willful and wanton breach of the general maritime duty to provide a seaworthy vessel, in McBride v. Estis Well Serv., L.L.C., No. 12 – 30714 (5th Cir. Oct. 2, 2013). The jurisprudential history behind this result… Continue Reading

Oil Spill Case Shows Need to Screen Chartered Vessels & Operators

Posted in Marine Pollution, Maritime Accidents

A judge’s recent decision on where legal liability lies for a maritime accident which released thousands of gallons of oil into the Mississippi River illustrates the benefits of being proactive in vetting operator quality when chartering vessels. The case involved a July 2008 collision near New Orleans between an oil barge and the vessel TINTOMARA…. Continue Reading