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: Offshore Winds Blog
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 The United States Court of Appeals for the Fifth Circuit in an unpublished opinion issued on March 19, 2013, addressed the employer’s… Continue Reading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
BOEM Finding Advances Development of Mid-Atlantic Offshore Wind Farm; But Tailwinds are Behind Faster Moving Gulf Coast Projects in State Waters
Posted in Energy, Offshore WindOn May 14, 2012, the Bureau of Ocean Energy Management (BOEM) announced a finding of “no competitive interest” with regard to a proposed right-of-way grant area off the Mid-Atlantic coast for construction of an offshore wind energy transmission line. While BOEM’s decision represents a key step forward for this federal offshore wind farming project, two fast-moving… 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
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
Pressure on Hydraulic Fracturing Operations Continues to Rise
Posted in Energy, Hydraulic FracturingWith 2011 in the rearview, businesses all over the country are looking forward to fresh start in 2012. But the opportunity to start fresh will elude natural gas producers partaking in hydraulic fracturing operations, as recent events in Ohio have caused additional uproar concerning the practice. On December 30, 2011, Ohio state officials ordered the… Continue Reading