Last week, 425 admiralty and maritime lawyers, law professors, U.S. Coast Guard officers, law students, and maritime industry professionals descended on New Orleans for the Golden Rules: Tulane Admiralty Law Institute and Maritime Law Association’s 50-Year Reunion. The event kicked off Wednesday morning at the New Orleans Board of Trade. The morning CLE program included a 50 year retrospective on marine insurance, followed by programs regarding maritime bodily injury and death. The first was moderated by Patricia Krebs, and featured a discussion of, among other things, strategies for defense counsel to reduce wage bases for claims of future wage loss in maritime employment. It was followed by a presentation on the Federal Arbitration Act, which included an analysis of some interesting recent cases arising in the cruise ship context regarding enforcement of arbitration clauses in U.S. seaman contracts, and the viability of post-injury arbitration agreements. Wednesday afternoon was dedicated to meetings of various committees of the MLA, including the Joint Marine Financing, Marine Bankruptcy, and Practice and Procedure Committees. The evening was capped off with a reception at the Cabildo on Jackson Square.
Thursday morning’s programming included a CLE on professionalism, with Judge Hanks of the Southern District of Texas and Magistrate Judge Knowles of the Eastern District of Louisiana as panelists, followed by presentations on marine finance and liens, collision, limitation of liability and salvage. As was the case Wednesday, Thursday afternoon was dedicated to meetings of committees of the MLA, including the Stevedores, Marine Terminals & Vessel Services Committee, held in the offices of King, Krebs & Jurgens, one of the meeting’s sponsors. Thursday evening provided an opportunity for a variety of social events, including a lively reception at Pat O’Brien’s, jointly hosted by the Young Lawyers Committees of the MLA and ALI.
The events concluded on Friday, with CLE programs in the morning on international law, the past and future of shipping, pollution, and ethics. The general meeting of the MLA was held in the afternoon at McAlister Auditorium, amidst the excitement of homecoming on Tulane’s campus. The week’s programming ended with a well-attended cocktail reception and formal dinner at the Audubon Tea Room.
The CLE programs and committee meetings provided a variety of interesting and useful insights into recent developments in the maritime world. A few examples:
- Although the Federal Arbitration Act expressly excludes contracts of employment of U.S. seamen, rendering arbitration clauses in such contracts generally unenforceable, several courts have recently enforced arbitration clauses in U.S. seamen contracts when “performance is envisioned abroad.” See, e.g., Alberts v. RCCL, 2016 U.S. App. LEXIS 15502 (11th Cir. Aug. 23, 2016).
- The impact of the Zika virus on the cruise line industry is ramping up. For example, in early August 2016, the shares of three major cruise lines fell the day after an advisory from the CDC was issued that warned pregnant women of the risk of Zika infection.
- The Federal Maritime Commission has recently proposed several new rulemakings for further regulation of the marine terminal industry, driven, in great part, by actions taken and developments occurring at West Coast ports. Many parties, both ocean carriers and marine terminal operators, including the National Association of Waterfront Employers, have submitted comments to indicate displeasure with many of the proposed changes as too burdensome on the regulated parties and not providing the FMC with meaningful additional information.
When everything was said and done, attendees earned up to 975 minutes of CLE credit while meeting and reconnecting with colleagues from around the globe. It can truly be said that good times were had by all.
The next meeting of the Maritime Law Association will be held in May of 2017 in New York City.