Monday - October 13, 2014 Who is a Jones Act seaman? The case of Dize v. Maryland Pilots Association brought attention to the issue of seaman status. If an employee performs duties on shore that are in the service of the vessel, do they count toward time worked to satisfy the test set forth in Chandris Inc. Latsis?
Monday - December 15, 2014 The Fifth Circuit Court of Appeals held that tankermen vessel crew members are Jones Act "seamen," and as such are not entitled to overtime pay under the Fair Labor Standards Act - Review of defendant appellee motion for summary judgment from U.S. District Court for Southern District of Texas.
Wednesday - January 28, 2015 The 11th Circuit Court of Appeals held that a cruise line can be liable for medical malpractice and negligence of medical staff. In Franza v. Royal Caribbean Cruise Line, Case No. 13-13067 D.C. Docket 1:13 20090-JAL, federal judges reversed and remanded to the district court the earlier 5th Circuit Court decision of Barbetta v. S/S Bermuda Star, 848 F. 2d 1364, 1988 American Maritime Cases 2650. Maritime trial attorneys opposing the cruise line applied legal causes of action based on actual and apparent authority.
Friday - February 27, 2015 Boating accident off Port Everglades. Five people found themselves in the water after the vessel capsized, with rescue efforts conducted by Miami and Fort Lauderdale personnel.
Monday, November 23, 2015 Cruise Ship Accident off Falkland Islands. The 10,000 ton cruise ship La Boreal suffered an engine room fire on Nov. 18th. Fortunately, no passengers were seriously injured in the successful abandon ship operation.
Friday, December 11, 2015 Criminal Prosecution Under Maritime Law for crew members in engine department by U.S. Department of Justice for by-passing equipment intended to prevent the unlawful discharge of oily waste water from vessels.
Wednesday June 29, 2016 In the recent issue of Long Island Boating World , Tim covers the duty to cooperate with marine insurance carriers. Whether a claim stems from a boating accident on navigable or non-navigable waters, collision, allision, salvage, or other type of personal injury, property damage, medical expenses, lost wages, etc., the policyholder will be subject to an investigation by the underwriter. What are the claimant's legal rights and duties in complying with and cooperating with the insurance carrier? Click the link above to read the article.
Tuesday July 12, 2016 Alcohol Issues in a Boating Accident - Long Island Boating World A federal lawsuit heard in District Court in the District of Maryland examined issues of liability in a boating accident where the passenger alleged the resort where the boat was moored should be liable for her injuries when the boat crashed into a stationary object.
Friday, August 26, 2016 Who is at Fault in a Maritime Collision The second part of this federal case that was heard in District Court in the Northern District of Illinois, Eastern Division demonstrated the application of the dominant mind doctrine, a admiralty and maritime law principle used to determine liability in multi-vessel collisions and accidents.
Monday, July 25, 2016 Who is at Fault in a Maritime Collision A federal case in District Court in the Northern District of Illinois, Eastern Division addressed the issue of liability in a multi-vessel maritime accident on navigable waters.