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Documents on admiralty maritime law
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|U.S. 5th Cir. Narrowly Interprets Recent U.S. Supreme Court Decision Regarding the Standard of Causation Under the Federal Employer's Liability Act ("FELA")|
Matthew S. Lejeune; Jones, Walker, Waechter, Poitevent, Carrère & Denègre L.L.P.;
August 22, 2012, previously published on August 15, 2012The Jones Act provides an injured seaman with a private civil cause of action against his employer in the event of personal injury or death occurring in the course of employment, 46 U.S.C. § 30104 (2012). The laws applied to the FELA, which regulates recovery for personal injury or death to a...
|Second Circuit Awards Seaman Maintenance and Cure for Illness that Existed but Did Not Present Any Symptoms during Plaintiff’s Service aboard Vessel|
Keesal Young Logan A Professional Corporation;
July 30, 2012, previously published on July 24, 2012Summary of Decision: In a recently published decision, the United States Court of Appeals for the Second Circuit held that a shipowner is liable for the payment of maintenance and cure benefits to a seaman who had an undiagnosed medical condition while working aboard a vessel even though he did not...
|OFAC Warns Against Using IRISL Vessels|
Larry Hampel, R. Anthony Salgado, Shawn M. Wright; Blank Rome LLP;
July 30, 2012, previously published on July 24, 2012On July 19, 2012, the Office of Foreign Assets Control ("OFAC") issued an advisory stating that Iran Islamic Republic of Iran Shipping Lines ("IRISL") is currently operating unregistered vessels. OFAC advises all persons in the maritime industry that any assistance provided to...
|Update on North American Emission Control Area Enforcement and Fuel Availability Guidance|
Jeanne M. Grasso, Dana S. Merkel, Jonathan K. Waldron; Blank Rome LLP;
July 20, 2012, previously published on July 2012Enforcement of the North American Emission Control Area (“ECA”) begins August 1, 2012. All vessels subject to MARPOL, with certain exceptions, will be required to utilize fuel oil with a sulfur content not exceeding 1.00% (10,000 ppm) while operating in the North American ECA or install...
|Cyprus Legislates To Protect Ships from Piracy and Unlawful Acts in High-Risk Seas by Allowing Private Maritime Security|
Anastasios Antoniou LLC;
July 13, 2012, previously published on June 2012Cyprus has enforced legislation which allows for the provision of private security services on board Cyprus ships for the purpose of protecting them and their crew and cargo from unlawful acts in sea, particularly acts of piracy in high risk seas.
|Private-Public Partnerships and the Colombian Port System |
Óscar Fabián Gutiérrez Herrán; Estudios Palacios Lleras S.A.S.;
June 18, 2012, previously published by La República (Colombian Business newspaper)This article analyzes the differences and similarities between Law 1508 of 2012 - establishing and regulating “Private-Public partnerships”- and Law 1 of 1991 -which regulates Colombia’s Maritime Port System.
As Law 1 promotes private initiative to build ports it has allowed the...
|BP Macando Oil Spill Litigation Addresses Offshore Maritime Issues|
William C. Baldwin, Michael G. Lemoine; Jones Walker LLP;
June 13, 2012, previously published on June 2012On April 20, 2010, a well blowout occurred at the Macondo Well site approximately 50 miles off the coast of Louisiana; and an explosion and fire ensued aboard the semi-submersible drilling vessel Deepwater Horizon. The vessel was owned and operated by Transocean and chartered to British Petroleum...
|Supreme Court to Clarify Vessel Status of Indefinitely Moored Floating Structures|
William P. Wynne; Jones Walker LLP;
June 13, 2012, previously published on June 2012The U.S. Supreme Court has recently granted a writ of certiorari to review the U.S. 11th Cir. Court of Appeals’ decision in City of Riviera Beach v. That Certain Unnamed Gray, Two-Story Vessel Approximately Fifty-Seven Feet in Length, 649 F.3d 1259. The question presented to the Supreme...
|U.S. Supreme Court Expands LHWCA Jurisdiction Under OCSLA|
Matthew S. Lejeune; Jones Walker LLP;
June 13, 2012, previously published on June 2012The Outer Continental Shelf Lands Act (“OCSLA”) extends the federal workers' compensation scheme established in the LHWCA, 33 U.S.C. § 901 et seq., to injuries “occurring as the result of operations conducted on the Outer Continental Shelf (“OCS”)” for the...
|Arrgghh! Criminal Piracy on the High Seas Includes Unsuccessful Attempts at Piracy|
B. Jason Barlow, John E. Holloway, David H. Sump; Troutman Sanders LLP;
June 13, 2012, previously published on June 11, 2012Even unsuccessful attempts at seizing, pillaging and plundering a vessel are criminal “piracy as defined by the law of nations” (18 U.S.C. § 1651) says the United States Court of Appeals for the Fourth Circuit in a pair of appeals from the United States District Court for the...