Latest Issue

  1. Second Circuit affirms denial of vessel owner’s Supp. Rule B attachment of six companies related to defaulting charterer based on conclusory allegations that they hold funds due and owing to the charterer., 307.
  2. Texas court lacks personal jurisdiction over foreign ship manager based on emails to plaintiff mooring master’s new employer in Alabama affecting plaintiff’s employment in Texas., 316.
  3. Texas barge cleaning company dismissed from La. suit based on lack of general or specific personal jurisdiction., 326.
  4. Last remaining personal injury claimant against cruise ship is entitled to modify limitation stay to pursue state court proceeding with proper stipulation., 330.
  5. District court errs in finding helper tug in flotilla was part of “tow” for purposes of coverage under lead tug’s insurance policy., 333.
  6. Ocean carrier owes only a duty of reasonable care to passenger who fell in her cabin during rough seas, not a “heightened” duty care., 344.
  7. Fifth Circuit upholds LHWCA district director’s allowance of claimant’s change of physicians and payment for IME by the employer where medical question exists as to claimant’s ability to return to work., 350.
  8. Tonnage consultant who misrepresented that vessel could qualify for coastwise endorsement may be liable to vessel purchaser for costs of unnecessary modifications., 358.
  9. Fishing deckhand lacking written employment agreement entitled to highest wages in the port and sanctions against employer who forged his signature on a written contract., 371.
  10. Robins Dry Dock rule bars recovery of economic loss of business due to waterway draft restrictions caused by limitation plaintiff’s barge sinking., 381.
  11. An action by one carrier against another carrier is not preempted by the Carmack Amendment or COGSA., 387.
  12. Texting contributes to a collision and knowledge of texting by the owner prevents the owner from limiting its liability., 395.
  13. District court allows vicarious liability for medical negligence claims against cruise line under Franza to go forward but questions joint venture or third-party beneficiary claims., 417.
  14. Personal injury plaintiff is bound by barge lines forum selection clause in post-injury “Attending Physician’s Statement of Functionality” form., 438.
  15. Where seaman settled his silicosis claim in 1973 seaman’s widow’s 2015 claim for medical expenses incurred at the time of husband’s death in 2015 is time barred., 445.
  16. BRB erred in interpreting LHWCA “disability” to exclude compensation for injured employee because he voluntarily retired and had no actual wage loss during post-operative recovery period., 453.
  17. The Ninth Circuit approves district court’s extension of the Amclyde bar to contribution from settling co-defendants to include tort indemnity claims involving property damage., 460.
  18. Warrantless breath tests incident to lawful arrest for operating boat while intoxicated did not violate the Fourth Amendment., 464.
  19. Marine insurers who allegedly knowingly approved defective safety plan for high speed boat race may be liable to race spectators killed and injured despite disclaimer in insurance application., 474.
  20. Fifth Circuit en banc overrules Davis & Son six-factor test and adopts a two-pronged test based on Kirby analysis of the contract and whether the anticipated role of a vessel in completion of the contract is “substantial.”, 490.
  21. Employer denied summary judgment to enforce seaman’s release where plaintiff’s signature is disputed and misspelled on three pages of the release., 505.
  22. Oil record book maintenance statute and regulation give “fair warning” that corporate vessel owners or operators may be vicariously criminally liable for employees’ violations., 512.
  23. Admiralty tort jurisdiction applies to allow limitation proceeding arising out of passenger’s fall into the water while disembarking from a docked yacht., 522.
  24. Insured’s subrogation claim against repair yard for constructive total loss of catamaran is denied in absence of proof that repair costs exceeded fair market value., 530.
  25. Staten Island repair yard found liable for failure to take measures to protect dinner cruise vessel destroyed in Hurricane Sandy while awaiting repair., 537.
  26. Lobster boat captain’s post-casualty acquiescence to having blood drawn after being told, incorrectly, that the blood draw is mandatory under Coast Guard regulations does not constitute consent., 545.
  27. Injured plaintiff has no claim under Louisiana Direct Action Statute against insurer of bankrupt employer to pay punitive damages for failure to pay maintenance and cure., 566.
  28. Issues of fact as to seaman status require denial of motion to compel employer to pay cure., 579.
  29. Third Circuit reverses MDL court’s dismissal of seamen’s asbestos exposure claims against shipowners finding a clear waiver of shipowners’ of lack of personal jurisdiction defenses., 586.
  30. Where personal injury plaintiff mistakenly sued chartering broker rather than vessel owner/operator, late filed amendment naming actual vessel owner/operator “relates back” under Rule 15., 596.
  31. Third Circuit upholds charterer’s breach of safe berth warranty as basis for oil spill liability where named vessel was punctured by a sunken anchor in approach to berth, but reverses wharfinger’s tort liability for failure to perform periodic side-scan sonar searches., 609.
  32. Fifth Circuit panel questions whether federal officer removal requires proof of casual connection after 2011 amendment but affirms remand based on existing Fifth Circuit authority requiring a causal connection., 644.
  33. Ocean carrier’s B/L indemnification clause asserted against cargo claimant’s claim is deemed invalid as release or lessening of liability under COGSA., 655.
  34. The district court erred in find that a forward freight agreement between parties in the shipping business is not a maritime contract., 666.
  35. The district court did not abuse its discretion in holding prompt post-seizure hearing and in vacating plaintiff’s four-year old liens on the ground of laches., 686.
  36. Fair market value of lost barge is determined by scrap value, not book value based on owner’s unique use for the barge., 696.
  37. Motion to vacate arbitration award denied where the award was definite and final, the panel did not exceed its contractual mandate and acted reasonably in denying postponement., 710.
  38. Claims of cruise line passengers exposed to Hurricane Harvey conditions in Houston due to allegedly late cancellation of cruise are dismissed., 720.
  39. Dismissal of jet ski rider’s personal injury claim affirmed where warning to wear a wet suit was adequate and unheeded., 726.
  40. Following Fifth Circuit precedent, district court dismisses Mexican State of Yucatan’s claim for environmental damage in Deepwater Horizon litigation., 740.
  41. Disputes of fact as to terms of oral charter of tug prevent dismissal of dock damage case against alleged time charterer of tug., 745.
  42. General maritime law does not allow recovery of post-repair loss of value damage to a boat and may not be supplemented by Florida law allowing such recovery., 756.
  43. Employer’s maintenance of a raised doorsill on mobile offshore drilling rig is not subject to OSHA regulations and does not constitute Jones Act negligence or unseaworthiness., 771.
  44. District court awards attorney’s fees against defendant employer for unreasonable removal of seaman’s personal injury case based on 2011 amendments to the removal statute., 783.
  45. While absence of Coast Guard’s explanation for setting 2016 Great Lakes pilotage rates renders the decision arbitrary and capricious, remand is the proper remedy not vacatur., 792.
  46. As between boating accident liability insurers, plaintiff’s insurer’s excess other insurance clause is valid and its coverage is secondary to defendant insurer’s pro-rata other insurance clause under Virginia law., 801.
  47. Dock construction company held 20 percent at fault for obstructing channel in violation of Corps of Engineers’ permit; tug 80 percent at fault for navigational errors resulting with allision with work barges., 817.
  48. For purposes of Seamen’s Wage Act the place at which a seaman is hired and signs an employment contract is not necessarily the port at which a seaman embarks onboard a vessel., 837.
  49. Appellate court upholds district court dismissal of plaintiff’s case for failure to prosecute., 853.
  50. Cruise ship performer’s Florida action against Italian shipyard arising out of alleged negligent design and inspection of stage and lift, dismissed for lack of personal jurisdiction., 856.
  51. Ongoing medical treatment not required to merit continued maintenance and cure if plaintiff is still improving., 869.
  52. District Court will not enter judgment in limitation proceeding where claimant’s state court claim is not “concluded” but can be reinstated under state failure to prosecute statute., 872.
  53. La. tort law holding lending employer “solidarily liable” with borrowing employer for employee torts prompts district court to reverse dismissal of lending employer., 878.
  54. Court of Appeals of Washington State allows maritime worker settling LHWCA claim to bring a Jones Act claim against employer where no formal order was entered as to his non-seaman status., 887.
  55. Washington State follows federal law that by incorporating rules of the arbitration body delegating issues of arbitrability to arbitrators, the parties are bound to do so., 900.
  56. Court upholds million-dollar jury verdict as not excessive for pain and suffering for period prior to plaintiff’s death from an acute asthmatic attack., 906.