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Tag Archives: King Krebs & Jurgens

Highlights from the Admiralty Law Institute

Posted in Maritime Law

The 25th Biennial Admiralty Law Institute kicked off with great success on March 11, 2015. Informative presentations continued on March 12-13, building on the theme of this year’s conference, “Symposium on Maritime Personal Injury and Death: Jurisdiction to Judgment.” Thursday, March 12th: The second day of the Admiralty Law Institute began with a panel discussion… Continue Reading

Admiralty Law Institute Kicks Off in New Orleans

Posted in Maritime Law

March 11, 2015, marked the first day of the 25th Biennial Admiralty Law Institute. Held at Tulane University in New Orleans, the ALI is the oldest and largest continuing legal education program devoted entirely to maritime law. The theme of this year’s conference is “Symposium on Maritime Personal Injury and Death: Jurisdiction to Judgment,” and… Continue Reading

OWCP on Verge of Amending Regulations to Include Electronic Submissions

Posted in LHWCA

On Thursday, March 12, 2015, the Department of Labor Office of Workers Compensation Program (OWCP) filed in the Federal Register (Volume 80, No. 48) a direct final rule and request for comments with regard to changes to OWCP regulations intended to broaden the acceptable methods by which claimants, employers and insurers can communicate with OWCP… Continue Reading

Eighteen Percentage Spread between Pre- and Post-Judgment Interest Rates Affirmed

Posted in Maritime Contracts, Maritime Law

The current post-judgment interest rate in federal court is the infinitesimally meager rate of 0.22% (that is 22 hundredths of a percent, not 22 percent) as per statute, 28 U.S.C. § 1961(a). In contrast, the rate of pre-judgment interest is within the discretion of the district court (and therefore rarely disturbed on appeal), and furthermore… Continue Reading

Fifth Circuit Clarifies Rules on Seamen Who Provide False Information During Pre-Employment Physicals

Posted in Maritime Law

The U. S. Fifth Circuit recently held that an injured seaman was precluded from recovering maintenance and cure where he intentionally provided false information during a pre-employment physical conducted by a previous employer that was later acquired by his current employer. Although the current employer did not conduct its own pre-employment physical, the Fifth Circuit… Continue Reading

When In Doubt, File the Limitation Complaint (Part III): The Test Is Reasonable Possibility

Posted in Maritime Law

On December 3, 2014, the Fifth Circuit, in In re:  RLB Contracting, Inc., No. 14–40326 (5th Cir. Dec. 3, 2014), concluded that an ongoing exchange of correspondence between counsel for a dredge involved in a maritime casualty and counsel for the wrongful death and personal injury claimants satisfied both prongs of the “reasonable possibility” test… Continue Reading

Greece Initiates Offshore Oil and Gas Tender Process

Posted in Energy

Greece has initiated its tender process for offshore oil and gas (hydrocarbons) exploration as of August 26, 2014. The Greek Ministry of Environment, Energy and Climate Change is seeking bid applications for its offshore oil and gas exploration in 20 block areas in the Ionian Sea and south of Crete. The Greek government is hoping… Continue Reading

UPDATE: Punitive Damages for Jones Act Seamen are not “Pining for the Fjords, they’re Dead”!

Posted in Jones Act

On September 25, 2014, the en banc Fifth Circuit, in McBride v. Estis Well Serv., L.L.C., No. 12-30714 (5th Cir. Sept. 25, 2014), concluded in a brief opinion that the Supreme Court’s decision of Miles v. Apex Marine Corp., 498 U.S. 19 (1990), and its limitation on recovery to pecuniary damages, precluded Jones Act seamen… Continue Reading

A Beach Vacation from the Longshore Act

Posted in LHWCA

In an unpublished per curiam decision, Global Management Enterprises, LLC v. Commerce & Industry Insurance Company, No. 13-31249, filed June 23, 2014, Judges Davis, Benavides and Prado determined that a worker who was injured while assisting with Deepwater Horizon oil spill clean-up efforts on an island in the Gulf of Mexico was not covered under… Continue Reading

Enforcing Foreign Judgments in U.S. Admiralty Courts: Second Circuit Prefers Substance Over Form

Posted in Maritime Contracts, Offshore Jurisdiction

After protracted and expensive litigation overseas, you obtain a judgment against the defendant. There remains one series of hurdles left to cross: the defendant refuses to pay that judgment and has no assets in the country where the litigation was conducted. However, the defendant (or possibly one or more of its numerous alter egos) has… Continue Reading

Offshore Acres and Leases Up for Grabs in the Atlantic Coast and Gulf Region

Posted in Offshore Wind

As a part of President Obama’s Climate Action Plan to promote American leadership in renewable energy, and coupled with the Interior’s “Smart from the Start” wind energy initiative for the Atlantic Coast, the Interior has announced the Nation’s largest offshore wind energy area available for commercial development. The Interior and Bureau of Ocean Energy Management… Continue Reading

That’s Not My Kid! Board Clarifies Definition of “Child” under the Longshore Act

Posted in LHWCA

On February 25, 2014, the Benefits Review Board rendered its decision in Smith v. Mt. Mitchell, LLC, ____BRBS____ (D.O.L. Ben. Rev. Bd. Feb. 25, 2014), which affirmed an Administrative Law Judge’s decision and order, clarifying the meaning of the term “child” under the Longshore and Harbor Workers’ Compensation Act (LHWCA). The inquiry central to the Board’s… Continue Reading

A SPAR Is Not a Vessel, but Is a SPAR a Building?

Posted in Offshore Oil

Are SPAR platforms immoveable buildings? On April 9, 2014, Judge Rebecca Doherty issued a memorandum ruling in Hefren v. Murphy Exploration & Production Co., USA, et al., that they are, meaning in Louisiana a five-year window to bring certain personal injury claims against designers or manufacturers applies. In issuing this ruling, Judge Doherty granted the… Continue Reading

Water Challenge Winner Has Big Idea for Estuary Restoration

Posted in Marine Services

On March 24, four local entrepreneurs competed in New Orleans’ 2014 Water Challenge, sponsored by King Krebs & Jurgens in partnership with The Idea Village and the Greater New Orleans Foundation. Now in its fourth year, this award-winning program identifies and supports entrepreneurial solutions that apply innovative approaches to how we live with and manage water… Continue Reading

Employer’s Notice of Controversion (LS-207) Does Not Eviscerate Holding of Andrepont

Posted in LHWCA

The United States Court of Appeals for the Fourth Circuit, in Lincoln v. Director OWCP (Ceres Marine Terminals, Inc.) No. 13-1594 (March 11, 2014), was recently asked to address the effect of the employer filing a notice of controversion (LS-207) on the employer’s responsibility, vel non, for the payment of the claimant’s attorney’s fees pursuant… Continue Reading

Land-Based Jones Act Seaman Status, Emotional Damages, and the “Zone of Danger”

Posted in Jones Act

Fifth Circuit Affirms Jury Finding for Land-Based Worker to be Covered by Jones Act but Reverses Award of Emotional Damages in Naquin v. Elevating Boats LLC, No. 12-31258 (5th Cir., 3/10/14) Plaintiff, Larry Naquin, Sr., a vessel repair supervisor employed by Elevating Boats, LLC, was injured on November 17, 2009, when a shipyard crane he… Continue Reading

Designated Entity Clauses — No Substitute for Knowing Who You Are Dealing With

Posted in Maritime Contracts

With increasing frequency, parties to charters and other maritime contracts are including so-called Designated Entity Clauses or “OFAC” provisions. These clauses have the aim of complying with sanction programs such those administered by the U.S. Office of Foreign Assets Control (“OFAC”) or multi-national organizations such as the European Union or United Nations. But, do the… Continue Reading