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Documents on admiralty maritime law
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|Fraud in Yacht Sales|
Christopher J. Anderson, Peggy Garcia; Robert Allen Law;
May 22, 2016, previously published by YBAA Association of Yacht Brokers Yacht Broker News on April 2016The real estate industry has suffered with fraud and identity theft schemes for years, but these scams have now officially arrived in the boating industry. Awareness of the potential for fraud is critical for both listing and selling brokers to protect their clients from potential losses and...
|Fifth Circuit Finds that Maritime Law Does Not Apply to Property Damage and Economic Loss Claims Following Rupture of Riser Chain Connected to a Floating Production and Storage Facility|
Matthew S. Lejeune; Jones Walker LLP;
May 11, 2016, previously published on May 3, 2016In Petrobras America, Inc. v. Vicinay Cadenas, S.A., 815 F.3d 211 (5th Cir. 2016), the Fifth Circuit considered whether the general maritime law, or corresponding state law, applied to claims that arose on the Outer Continental Shelf in the context of oil and gas exploration and/or production. This...
|Revisiting the Availability of Punitive Damages to a Jones Act Seaman Against a Third-Party Non-Employer in the Eastern District of Louisiana|
Stephen H. Clement; Jones Walker LLP;
May 11, 2016, previously published on May 3, 2016In the January edition of this publication, we discussed the opinion in Howard V. Offshore Liftboats, LLC, which dismissed a Jones Act seaman's punitive damages claim against a non-employer third party. 2015 U.S. Dist. LEXIS 157173 (E.D. La. Nov. 19, 2015). Since our last publication, a sister...
|Québec Superior Court Re-Ignites Debate On The Scope Of Maritime Law In Canada|
Nils Goeteyn; Borden Ladner Gervais LLP;
May 10, 2016, previously published on April 21, 2016In a case that raises interesting constitutional questions, the Québec Superior Court recently held that the sale of a bedplate and crankshaft for the use aboard a vessel falls outside of the scope of Canadian Maritime Law. As a result, the professional seller is not entitled to benefit from...
|Fuel Supplier is Denied Maritime Lien Against Vessel in Fallout from O.W. Bunker’s Bankruptcy|
Katie S. Cordes; Jones Walker LLP;
March 18, 2016, previously published on March 8, 2016On February 8, 2016, in Valero Marketing & Supply Co. v. M/V ALMI SUN, the United States District Court for the Eastern District of Louisiana held that a bunker fuel supplier did not have a maritime lien against the vessel to which it supplied bunkers based on the relationship between the...
|Jones Act Seaman Status Tested for Shipyard Worker|
Hansford "Ford" P. Wogan; Jones Walker LLP;
March 18, 2016, previously published on March 8, 2016In Jefferson v. Weeks Marine, Inc., et al., C.A. No. 15-240 (E.D. La. 2/3/16), a district court in the Eastern District of Louisiana recently ruled that a land-based yard worker who was injured aboard a barge did not qualify as a seaman under the Jones Act because he failed to satisfy the temporal...
|Sixth Circuit Vacates District Court’s Finding of Replacement Value for Lost Goods under Master Transportation Service Agreement for its Failure to Meet Carmack Amendment Requirement of Shipper’s Consent to Limitation of Liability.|
Lori J. Quinn; Marshall Dennehey Warner Coleman & Goggin, P.C.;
January 27, 2016, previously published on January 15, 2016In November 2015, the United States Court of Appeals for the Sixth Circuit remanded a case for further determination by the District Court for the Southern District of Ohio on the issue of carrier liability. The case is somewhat complex in that it involves a broker, a shipper and a carrier. There...
|Jones Act Seamen's Punitive Damages Claims Dismissed Against Non-Employer in Howard V. Offshore LiftBoats LLC, 2015 U.S. Dist. Lexis 157173|
Stephen H. Clement; Jones Walker LLP;
January 25, 2016, previously published on January 12, 2016Plaintiffs Raymond and Calvin Howard were injured during a personnel-basket transfer from an offshore platform to the deck of a liftboat. At the time of the incident, both plaintiffs were employed by Offshore Liftboats LLC, the owner and operator of the liftboat. The platform was owned and operated...
|Government Resolves Manslaughter Charges Against Rig Supervisors With a Plea to a Single Misdemeanor Violation of the Clean Water Act|
Joseph Davis, Michael W. Magner, Avery B. Pardee; Jones Walker LLP;
January 25, 2016, previously published on January 12, 2016In the wake of the Deepwater Horizon disaster, federal authorities have shown increasing willingness to use criminal charges to address serious personal injuries and deaths in the offshore setting. The recent dismissal of all remaining felony charges against the two BP well-site leaders onboard the...
|ATL Trucking Ltd. v Vancouver Fraser Port Authority, 2015 FC 420 ("ATL") and Goodrich Transport Ltd. v Vancouver Fraser Port Authority, 2015 FC 520 ("Goodrich")|
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
January 12, 2016, previously published on December 10, 2015Goodrich, and the interlocutory decision in ATL, arose from a decision by the Vancouver Fraser Port Authority, also known as Port Metro Vancouver ("PMV"). PMV is a Canadian port authority established and governed by the provisions of the Canada Marine Act, SC 1998, c 10 and Letters Patent...