An often contentious issue in maritime litigation involving both personal injury and property damage is whether the wheelman in charge of a towing vessel that exceeds 26′ violated the so-called “twelve-hour rule.” According to 46 U.S.C. § 8104(h), “an individual licensed to operate a towing vessel may not work for more than 12 hours in a consecutive… Continue Reading
Tag Archives: King Krebs & Jurgens
Offshore Fairness Act Proposes Extending States’ Offshore Jurisdiction
Posted in Offshore JurisdictionThe offshore jurisdiction of states in the southeastern U.S. could triple in the relatively near future. Two Louisiana Congressmen, U.S. Sen. David Vitter and U.S. Rep. Bill Cassidy, recently introduced companion bills styled as the Offshore Fairness Act (OFA), which would extend the offshore jurisdictions of Louisiana, Mississippi, Alabama, Florida (partially), Georgia, South Carolina, North Carolina… Continue Reading
Termination for Misconduct Does Not Reopen LHWCA Claim, Fifth Circuit Follows Fourth Circuit in Deciding
Posted in LHWCAThe Fifth Circuit has followed the Fourth Circuit’s lead in deciding today that an employee’s termination for misconduct will not reopen a disability claim under the Longshore and Harbor Workers’ Compensation Act (“LHWCA”). The United States Court of Appeals for the Fifth Circuit in an unpublished opinion issued on March 19, 2013, addressed the employer’s… Continue Reading
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
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
Costa Concordia – Lessons Learned and Path Forward
Posted in Marine Services, Maritime Contracts, Ports & Cargo ShippingWhen the Costa Concordia ran aground on a reef off Giglio Island near the Tuscan coast of Italy last month, owners and insurers of vessels certainly paid attention. How could they not? The incident was the most noteworthy shipping casualty since the Exxon Valdez disaster, and it is now being called the biggest ever shipping… Continue Reading
A Checklist: What to Expect When Financing Vessel Construction
Posted in Marine Services, Maritime Contracts, Ports & Cargo ShippingWhen seeking construction financing for a proposed newbuilding, shipowners should understand and be prepared to address the particular concerns that lenders have in assessing risk and documenting vessel construction projects. When deciding whether to approve a construction financing loan, lenders focus on certain key factors: Does the shipyard have the requisite experience, manpower and financial… 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
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
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