Header graphic for print
Offshore Winds A Legal Barometer for Marine and Energy Business

Tag Archives: Offshore Winds Blog

Liar, Liar, Pants on Fire! Preventing the Application of the Section 20(a) Presumption with Surveillance

Posted in LHWCA

The recent decision of the U.S. Court of Appeals for the Fifth Circuit in Bis Salamis, Inc. v. Director, OWCP (Joseph Meeks), No. 15-60148 (March 17, 2016), highlights how the defense to a claim under the Longshore and Harbor Workers’ Compensation Act, 33 USC 901 et.seq. (LHWCA), can have a tortured journey through the liberal… Continue Reading

Is Choice of Law Subject to Waiver? Fifth Circuit Petitioned for En Banc Rehearing

Posted in Offshore Jurisdiction

On March 10, 2016, I reported on the Fifth Circuit’s opinion in Petrobras America, Inc., et al. v. Vicinay Cadenas S.A., No. 14-20589 (03/07/16), where the Fifth Circuit addressed the waivability of OCSLA’s choice of law provision and determined that it could never be waived. The appellee, Vicinay Cadenas, S.A., has now petitioned for a… Continue Reading

Offshore Supply Vessel Market Turnaround May Be In Sight, But You Need a Long Telescope to See It

Posted in Energy, Marine Services

I attended an excellent conference on March 3, 2016, put on by WorkBoat® exploring the “OSV Capital Outlook for 2016 and Beyond”. The conference featured a diverse and highly experienced panel of speakers including investment and marketing analysts and consultants, vessel operators, shipyard executives and WorkBoat® editors. You may want to read WorkBoat’s® own blog… Continue Reading

Forget the Invites, Use a Contract Instead

Posted in Maritime Contracts

Many of the indemnity provisions Master Service Agreements use in the energy and construction industries contain the term “invitee” in the definition of “Owner Group” and “Contractor Group”. However, the term “invitee” is rarely defined itself. Drafters should strongly consider jettisoning the term “invitee” from the definition of “group”. For most contracts applicable to worksite… Continue Reading

Offshore Supply Vessel Tax Credit Targeted in Louisiana Governor’s Proposed Fiscal Plan

Posted in Marine Finance

Louisiana Governor John Bel Edwards’ proposal for short term fixes for the State’s fiscal problems includes a shot at already-hurting offshore supply vessel owners/operators. OSV operators/owners currently receive a refundable credit of 100% of the ad valorem taxes paid on vessels operating on the Outer Continental Shelf. The Governor’s plan would suspend these credits for… Continue Reading

Greek Shipowners Consider Exodus as Crisis Leads to Proposed Higher Taxes

Posted in Ports & Cargo Shipping

The Greek shipping industry will have to sustain additional taxes according to a proposed bailout agreement. Greek shipowners already agreed to voluntarily pay an additional tonnage tax from 2014-2017 to help the embattled economic crisis. However, the Greek government says that isn’t enough and plans to further increase the tonnage tax (a flat annual rate… Continue Reading

Future Lost Wages Decision of Note by U.S. Fifth Circuit

Posted in Jones Act

The U.S. Fifth Circuit recently reversed and rendered a District Court’s finding of future lost wages so that it was based on statistical work life expectancy rather than Social Security retirement age. In the recent unpublished Fifth Circuit opinion, Mark Barto vs. Shore Construction, LLC; McDermott Inc., No. 14-31326, the Court affirmed a finding of Jones Act negligence against… Continue Reading

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

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