The 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 The United States Court of Appeals for the Fifth Circuit in an unpublished opinion issued on March 19, 2013, addressed the employer’s… Continue Reading
Tag Archives: U.S. Fifth Circuit
Jones Act Status Remains Unavailable on SPARS
Posted in Jones Act, Offshore OilJones Act status remains unavailable on SPAR Platforms, a type of deepwater floating oil drilling and production facility used in the offshore petroleum industry. While, as noted in the recent blog by Joseph Devall, Jr., the Supreme Court of the United States (SCOTUS) contemplates a further “clarification” of the term “vessel,” the Fifth Circuit has reiterated that, even in light… 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
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
When No Privity of Contract Qualifies as “Any Contractual Relationship” under OPA
Posted in Marine Services, Maritime ContractsTransactions to procure supplies for vessels engaged in international trade typically involve numerous international and local brokers, agents and contractors. The vessel operator or charterer will place an order for supplies with a broker. The broker locates a seller with the best price and reputation in the vicinity of the vessel. The seller makes arrangements… 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
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
Enforcing Internet Terms and Conditions in Maritime Contracts
Posted in Maritime ContractsThe U.S. Fifth Circuit, in One Beacon Ins. Co. v. Crowley Marine Servs., Inc., concluded that, under the general maritime law applicable to ship repair contracts, the indemnity and insurance requirements of the vessel owner will be enforceable if they are set forth on an Internet website and clearly incorporated by reference into the vessel… Continue Reading