General Maritime Claims

Retaliatory Termination: Your Rights Under the Jones Act

October 6, 2010

Many Jones Act seamen worry about what will happen to their jobs once they report their on-the-job injuries. While Jones Act seamen are generally considered “at-will” employees, meaning that they can be fired at any time for almost any reason, they cannot be fired in retaliation for suffering an injury, filing a claim or anything [...]

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New Study Confirms 22 Mile Long Oil Plume in Gulf

August 20, 2010

A new study out of Massachusetts’ Woods Hole Oceanographic Institution has verified the rumors of massive amounts of oil still lurking beneath the waves in the Gulf of Mexico. Just last week, BP and the United States government began announcing that the vast majority of the oil that had spewed from the Macondo well as [...]

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General Maritime Claims

August 2, 2010

General maritime law consists of the common law causes of action that have developed over the years. This body of law provides seamen with additional rights and damages outside of the Jones Act. It also allows for claims by the surviving family members for the death of a maritime worker. General maritime law even provides [...]

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Gulf Coast Residents Unable to Earn a Living Following Gulf Oil Spill

July 14, 2010

Following the tragic explosion of the Deepwater Horizon in which 11 workers lost their lives, oil from the damaged well-head began spewing uncontrollably into the Gulf of Mexico. As the weeks and months pass without a solution, more and more Gulf Coast residents are feeling the economic effects of this still-unfolding disaster. There are many [...]

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Fishing Vessel Safety Act: When Is a Ship Too Dangerous To Be At Sea?

September 10, 2009

According to the United States Coast Guard, there are several hazardous conditions that, if discovered by a boarding officer, are grounds to force a fishing vessel owner or operator to take remedial steps to ensure the safety of the crew. This can even include directing the operator to moor the ship until the condition is [...]

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Limitation of Liability Act-Omega Protein Inc. v. Samson Contour Energy

February 26, 2009

As I have written before, there is a way for ship owners to limit liability in the event of a maritime injury suit. A recent 5th circuit case, Omega Protein Inc. v .Samson Contour Energy E&P LLC, (5th Cir. 2008), discussed the issue in great detail. “Under the Limitation of Liability Act, a vessel owner [...]

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Private/Recreational Boating Accidents

January 29, 2009

Maritime law is not restricted to commercial accidents only. In fact, most accidents involving a private or recreational vessel fall neatly within the scope of maritime law. More often than not, these accidents result due to the careless or reckless actions of the vessel operator. In addition, an inexperienced operator or even a vessel malfunction [...]

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An In-Depth Look at Navigable Waters

December 31, 2008

Under Admiralty law, jurisdiction is generally limited to the sea. However, Admiralty jurisdiction can also encompass waters within the “ebb and flow of the tide” as well as public waters like lakes, rivers, streams or any other “navigable” body. There exists a test to determine admiralty navigability whereby a waterway must be capable of being [...]

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The Admiralty Extension Act

December 22, 2008

The Admiralty Extension Act provides coverage for injuries based on land but caused by a vessel on navigable water. This provision allows admiralty and maritime jurisdiction to extend to cover those injured on land by some appurtenance of the ship. Until this measure was enacted, those injured on land while working near their vessel were [...]

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Punitive Damages: The Effect of Exxon Shipping Co. v. Baker

October 16, 2008

This recent Supreme Court decision involving the supertanker Exxon Valdez could have a profound effect on the amount awarded for maritime punitive damages in the future. The Court found that the problem with maritime punitive damage awards generally is that they are unpredictable. The Court, having decided that the punitive damage figure was too high [...]

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