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Documents on admiralty maritime law
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|11th Circuit Rejects Long-Standing 5th Circuit Barbetta Rule Thereby Allowing Passengers to Sue Shipowners for the Negligence of its Medical Staff|
Steven Boutwell, Tod J. Everage; Kean Miller LLP;
March 17, 2015, previously published on December 10, 2014Going back to 1943, the Supreme Court in De Zon v. Am. President Lines, Ltd., 318 U.S. 660, 669 (1943), ruled that a shipowner could be liable to a Jones Act seaman for harm suffered as the result of any negligence on the part of the ship’s doctor while treating the seaman. The U.S. Supreme...
|Work Related Stress: It Comes With The Job for a Jones Act Seaman|
Steven Boutwell, Daniel B. Stanton; Kean Miller LLP;
March 17, 2015, previously published on December 10, 2014In a recent decision, the Eleventh Circuit in Skye v. Maersk Line Limited, Corp., 751 F.3d 1262 (11th Cir. 2014), reversed a district court ruling awarding damages to a Jones Act seaman for injuries stemming from “excessive work hours and an erratic sleep schedule.” The Court’s...
|Comments on the Statute for the Administration of Electronic Payment Institutions, which has been Recently Ratified in the Legislative Yuan|
Sean Liu; Lee Tsai Partners Attorneys-at-Law;
March 17, 2015, previously published by With the prosperous development of electronic commerce in recent years, the consumption patterns and payment tools of the consumers have also undergone drastic changes. Many consumers are accustomed to purchasing all kinds of goods on the Internet which were purchased at physical retail stores in the past. It is against such background that payment methods have advanced from physical ATMs or bank transfers in early days to online credit card transactions and online ATM money transfers. If the consumers are located overseas, they can also engage in online transactions through accounts with stored-value functionalities such as PayPal.Comments on the Statute for the Administration of Electronic Payment Institutions, which has been recently ratified in the Legislative Yuan
|U.S. Fifth Circuit Rules that Shore-Based Vessel Repair Supervisor is Jones Act Seaman|
Steven Boutwell, Dylan Tuggle Thriffiley; Kean Miller LLP;
March 17, 2015, previously published on December 17, 2014In a decision that will undoubtedly have a lasting impact on marine insurers and their shipyard insureds, a divided panel of the U.S. Fifth Circuit held that a vessel repair supervisor at a Houma shipyard qualifies as a Jones Act seaman.
|Fifth Circuit Recognizes Subrogation Lien In Jones Act Case|
Steven Boutwell, Amanda L. Howard; Kean Miller LLP;
March 17, 2015, previously published on December 17, 2014In Chenevert v. Travelers Indemnity Co., No. 13-60119 (5th Cir. March 7, 2014), the Fifth Circuit formally recognized that an insurer providing and making voluntary payments to an injured employee under the Longshore and Harbor Workers’ Compensation Act 33 U.S.C.A. § 901 et seq...
|Disaster of Domestic Arbitration Verdict Annulment In Vietnam - How to Avoid? Oliver Massmann - Ho Gia Le Hoang|
Oliver Massmann; Duane Morris Vietnam LLC;
March 13, 2015, previously published on January 27, 2015Recently, the media of Vietnam paid much attention to Vinalines case, the largest shipping corporation in Vietnam who lost an arbitration case brought to the Vietnam International Arbitration Center (VIAC). However, Vinalines then asked the court in Hanoi, Vietnam for annulment of VIAC’s...
|Maritime Law - Key Judgments - 2014|
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
March 12, 2015, previously published on February 25, 20152014 has seen the usual variety of important Canadian maritime law decisions. The following is a sampling of those of greater significance that have arisen in various areas of admiralty practice.
|Work Product Protection Does Not Extend To Claims Investigator’s Report In Admiralty Case|
Sutherland Asbill Brennan LLP;
March 6, 2015, previously published on March 5, 2015 Company A chartered a barge to Company B as a platform for A/C generation and refrigeration of fish products. In the summer of 2011, the President of Company A wrote to Company B requesting that it examine the barge for potential electrolysis given fears that the barge had developed a starboard...
|Fifth Circuit Upholds “Seamen” Exemption and Dismisses “Day-Rate” FLSA Collective Action Suit.|
Kyle L. Potts, Laurie Briggs Young; Adams and Reese LLP;
March 4, 2015, previously published on December 3, 2014A wave of FLSA collective (class) actions have been filed against scores of marine shipping and towing companies in the Gulf States for violation of the FLSA. Specifically, these suits claim that the commonly used “day-rate” pay system used for tankermen is improper and the employers...
Court Issues Ruling Limiting Access to Federal Courts in Coastal Restoration Lawsuits
Ford P. Wogan; Jones Walker LLP;
February 24, 2015, previously published on December 16, 2014On December 1, 2014, Judge Zainey of the Eastern District of Louisiana issued an Order returning a case involving numerous oil and gas companies back to state court. The Parish of Plaquemines originally filed suit in Louisiana state court on its behalf and on behalf of the State of Louisiana. The...