United States Supreme Court Enforces Choice-of-Law Provision in Maritime Insurance Contract
MBLB » Admiralty & Maritime
by Kathryn Briuglio
1M ago
On February 21, 2024, the United States Supreme Court made its first ruling in a maritime case in nearly 70 years. The Court unanimously held that choice-of-law provisions in maritime insurance contracts are presumptively enforceable under federal maritime law. Great Lakes Ins. SE v. Raiders Retreat Realty Co. – Background In Great Lakes Ins. SE v. Raiders Retreat Realty Co., when a yacht ran aground, the yacht owner submitted a claim with the marine insurer under its policy.[1] The marine insurer denied coverage on the grounds that the owner misrepresented the yacht’s fire-suppression sy ..read more
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Navigating the Safer Seas Act
MBLB » Admiralty & Maritime
by Katie Gonsoulin
1M ago
The Safer Seas Act (SSA) was enacted as part of the National Defense Authorization Act for the fiscal year of 2023 to combat sexual assault and harassment (SASH) aboard vessels in the wake of the Midshipman-X scandal that rocked the maritime industry in September 2021. The SSA includes significant changes for those in the maritime industry, specifically for vessel owners and operators. Notably, it creates new reporting mandates and procedures for owners and operators of U.S.-flagged commercial service vessels to report SASH incidents. The Act also empowers the United States Coast Guard (USCG ..read more
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5th Circuit Clarifies Standard of Evidence in Maritime Negligence Claims in Louisiana
MBLB » Admiralty & Maritime
by Dominic Carmello
1M ago
Maritime accidents often serve as arenas for legal clarification and refinement, shaping the standards by which negligence and liability are determined on the open waters. A recent case, Marquette Transp. Co. Gulf-Inland, L.L.C. v. Navigation Mar. Bulgare JSC, provided an opportunity for the 5th Circuit Court of Appeals to revisit and clarify the standard of evidence necessary to establish negligence claims against riverboat pilots in Louisiana waters. The suit revolved around the collision between two vessels on the Mississippi River. While the damage from the collision was modest, the legal ..read more
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Judge Fallon Enforces Post-Accident Venue Selection Agreement in Jones Act Case
MBLB » Admiralty & Maritime
by Trevor Cutaiar
4M ago
Venue selection agreements can provide maritime employers some certainty with respect to the venue where they will be subject to employee litigation. Judge Fallon of the Eastern District of Louisiana recently granted a motion to transfer venue in a Jones Act personal injury case involving two different venue selection agreements. Pre-Accident and Post-Accident Agreements In Kennedy v. Marquette Transp. Co., the plaintiff first entered into a venue selection agreement before his accident that required claims brought against his employer be filed in federal or state court of Paducah, Kentucky. T ..read more
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Georges Legrand and Michael Neuner Obtain Defense Verdict in Hotly Contested Maritime Death Case
MBLB » Admiralty & Maritime
by Georges Legrand
6M ago
Congratulations to Georges Legrand and Michael Neuner! Since 2020, Georges and Michael have been defending a double death maritime case in which several crew members from an inland towboat traveled in their company skiff to a barroom on the Morgan City-Port Allen Route. At the time, the towboat they were assigned to was pushed in on that route, southbound, waiting to lock through. After some of the crew members consumed large amounts of alcohol, on a return trip to the towboat, there was an accident.  A captain/pilot and deckhand on the skiff drowned. Allegations were made that our clien ..read more
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Death on the High Seas
MBLB » Admiralty & Maritime
by Dan Hoerner
7M ago
The recent implosion of the OceanGate’s submersible Titan has drawn international attention to the safety of deep ocean exploration. The circumstances that led to the failed voyage in which five lives were lost will also have complex legal ramifications. The remedies for the survivors of those who perished on the Titan may be as murky as the deep waters that claimed their lives. Because the accident occurred in international waters, the laws of any countries that have jurisdiction over OceanGate may provide some relief. However, under U.S. law, the survivors’ legal rights and recovery could be ..read more
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Dan Hoerner’s Latest WorkBoat Article: Stop-work Authority is a Win-win
MBLB » Admiralty & Maritime
by Dan Hoerner
8M ago
Many view stop-work authority as an underused or hollow “feel good” practice that should rarely be implemented. But this proactive safety measure should be embraced and exercised by employers and workers alike. The underlying premise of stop-work authority is to permit anyone involved in business activity to halt operations when a danger or risk of an accident, injury or damage is perceived. Theoretically, a stop-work order can prevent accidents before they happen. The effectiveness of stop-work authority is only as good as those who allow it or exercise it. In my three decades of litigation p ..read more
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Which Workers’ Compensation Law Applies?
MBLB » Admiralty & Maritime
by Alan Brackett
8M ago
Managing Member Alan G. Brackett and Associate Ava M. Wolf are co-authors of an “Attorney Analysis” workers’ compensation column for Reuters Legal News and Westlaw. Their most recent article, “Which workers’ compensation law applies?” was published on June 8, 2023. Following is an excerpt from the article, which you can continue reading on Reuters Legal News and Westlaw. You can also download a PDF of the entire article at the link below. Which workers’ compensation law applies? “Workers’ compensation” is broadly considered the umbrella of claims employees can pursue when they’re injured at wo ..read more
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Supreme Court Defines “Waters of the United States”
MBLB » Admiralty & Maritime
by Alan Brackett
8M ago
In a case arising under the Clean Water Act, 33 U.S.C. §1521, et seq. (“CWA”), the Supreme Court has examined the meaning of the term “waters of the United States.” The case, Sackett v. Environmental Protection Agency, arose from a couple who purchased a lot near Priest Lake, Idaho in 2004. To prepare the lot for the construction of their new home, they backfilled the property with rocks and dirt. The Environmental Protection Agency cited the couple and demanded the site be restored to its original state because the property was “adjacent to” and had a “nexus with” an unnamed tributary located ..read more
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Southern District of Texas Opinion on Recoverable Maintenance and Cure for Boat Captain
MBLB » Admiralty & Maritime
by Michael Neuner
8M ago
In an Order issued last month by the United States District Court for the Southern District of Texas in the case, Moran v. Signet Maritime Corp., the court evaluated the amount of maintenance and cure that the plaintiff is entitled to receive following a jury’s finding of liability on the part of his employer. Moran v. Signet Maritime Corp. – Background In September 2021, Charles Moran, a 30-year boat captain, reported to work and was informed his vessel’s departure was delayed. After leaving to get a haircut, he tripped and fell in the salon parking lot, breaking his ankle. Moran filed a peti ..read more
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