Mouledoux, Bland, Legrand & Brackett was proud to be a sponsor of the 2024 Loyola Maritime Law Journal Banquet, which was held on April 11, 2024. Katie Briuglio, Tyler Loga, Abby Unsworth and Linda Castanz attended the annual banquet, which honors the present and incoming board and all members of the Journal. The law students and faculty members of Loyola University New Orleans College of Law always do a tremendous job putting on the event. The Honorable Brandon Long, the newly appointed United States District Judge for the Eastern District of Louisiana, was the keynote speaker. From the w ..read more

Often, the reach of admiralty law affects civil disputes. This includes cases that involve vessel collisions, seamen’s personal injury claims, and disputes relating to shipping and carriage contracts. From time to time, however, events arise that spill over into the realm of criminal law. Criminal acts are generally governed by state law or “shore-side” federal statutes. But misconduct in vessel operations can also constitute a maritime criminal offense and result in federal prosecution in the courts’ exclusive admiralty jurisdiction. Such was the case in United States v. Echevarria, which ste ..read more

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

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

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

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

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

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

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

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