Marine link
 

Jones Act Seaman

Diver Down!!! An Exception to the General Test for Seaman Status?

By James P. Nader & Joseph A. Poblick Once again we take that familiar voyage know as "determining seaman status." No matter how familiar the voyage there are always changes in the currents which guide your path. Seaman status is important because only a seaman may receive maintenance and cure, and pursue a claim for Jones Act negligence or unseaworthiness. The basic requirements for seaman status are well established in maritime law. In order to qualify as a seaman under the Jones Act, a person's employment duties must contribute to the mission of the vessel and be connected to an identifiable group of vessels in navigation. The United States Supreme Court has held that seaman status should be determined by the specific facts of each case. The totality of the circumstances surrounding the employee's employment must be considered in determining whether his duties had sufficient relation to the mission of the vessel and exposure to the perils of the sea. Additionally, it is typically the jury who has the responsibility to determine seaman status, and only in rare circumstances is that responsibility left up to the judge. Because juries typically decide the question of seaman status, who qualifies, it is often difficult to predict. The "diver's exception" is an example of the expansion of workers that qualify for Jones Act status


Ship Owner May Sue Injured Seaman

The U.S. Court of Appeals for the Fifth Circuit ruled that a ship owner may assert a negligence and indemnity claim against its seaman-employee for property damage allegedly caused by the seaman’s negligence. In the instant case, plaintiff mate was injured when his ship collided with another ship. Plaintiff was on watch and in command of the ship at the time and allegedly left the wheelhouse in congested waters to attend to personal business


Moored Cleaning Barge is Vessel for Purposes of Jones Act

Over a vigorous dissent, the U.S. Court of Appeals for the Eighth Circuit ruled that a moored cleaning barge is a vessel for purposes of the Jones Act. In the instant case, plaintiff barge cleaner was injured while being ferried from shore to his work site on a moored cleaning barge. The barge was secured in position in the Missouri River by spud poles embedded in the river bottom. The barge was relocated on occasion by being towed


Ruling on Permanently Moored Dockside Casino

The U.S. Court of Appeals for the Seventh Circuit ruled that, for purposes of the Jones Act, a permanently moored dockside casino is not a vessel in navigation and its employees are not seamen entitled to protection under the Act. In the instant case, the casino vessel was documented and inspected by the U.S. Coast Guard, but only got underway once each year for engine and maneuvering tests. The court held that the vessel was not engaged in the transportation of passengers or cargo and was


Settling With An Unrepresented Seaman Making The Settlement Stick

Unfortunately, personal injury claims brought by seamen against vessel owners are part of everyday life in running a boat company.  As such, vessel owners have become very sophisticated in the management of these claims.  As the cost of litigating these matters is very high, often, the claim's handler will attempt to settle a seaman's personal injury claim prior to his retention of counsel and filing suit.  In most cases, this is a win-win for both the employee and the company


U.S. Navy Opposes Repeal of Jones Act

The news that the U.S. Navy and the U.S. Navy League support the Jones Act and oppose its repeal was applauded by Maritime Cabotage Task Force (MCTF), the national coalition representing the U.S.-flag fleet engaged in domestic waterborne commerce. Both organizations dedicated to the defense of the United States have reaffirmed their support for the law, which is directly responsible for half a million U.S. jobs and vital to national security. 


Jones Act Waiver Not Likely

Efforts by U.S. officials and oil firms to waive Jones Act shipping requirements and increase available oil tankers to the Northeast are so far dead in the water, the U.S. Department of Transportation said. "No one has made a credible case in the Executive branch or Congress to grant waivers or eviscerate the Jones Act," John Graykowski, acting administrator of the Maritime Administration told Reuters. The Jones Act -- which is overseen by the Department of Transportation's Maritime


OMSA - Jones Act Compliance Manager

The national trade association that is the voice for the U.S. flag workboat industry has taken the unusual step of hiring an experienced investigator to collect evidence on foreign vessels that violate the U.S. law known as the Jones Act. The Offshore Marine Service Association (OMSA) has created a new position – Manager of Jones Act Compliance – to ensure compliance with the laws requiring that vessels involved in domestic transportation be owned by Americans


Grill Retires, Maritime Cabotage Task Force

Grill_web.jpg

The Maritime Cabotage Task Force (MCTF) is thanking its retiring Chairman, Philip M. Grill, for his 14 years of leadership of the labor/management coalition that promotes the Jones Act and other U.S. maritime cabotage laws in Washington. Grill, who is retiring as Vice President – Government Relations for Matson Navigation Company, Inc., on July 31, has chaired MCTF since its founding in September 1995. Under his leadership


Nat’l Commission Says: Jones Act No Hinderance to Spill Clean Up

The January 11, 2011 report from the non-partisan National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling confirmed the Jones Act did not prevent foreign vessels from assisting with the clean-up effort during the Deep Water Horizon oil spill in the Gulf of Mexico last year.  “Deep Water: The Gulf Oil Disaster and the Future of Offshore Drilling” was prepared by the independent entity at the request of President Barack Obama.  


Attestation / Endorsement services for seaman in UAE

The Maritime Administration of the United Arab Emirates has introduced services for the attestation of seaman contract and issuance of oil/chemical/gas tanker endorsement. ATTESTATION OF SEAMAN CONTRACT: This service is applicable for Crew working on UAE Flagged vessels that are engaged in


ISC Expects Faltering Q1 2014 Financial Results

ISC Jones Act vessel: Photo courtesy of ISC

International Shipholding Corporation (ISC) provides preliminary guidance for first quarter 2014 results and announces timing of earnings release and conference call. The company says that it expects to report a first quarter net loss, before Preferred Dividends, in the range of $3


US Navy Ship Welcomes President of Romania

Sailors assigned to the Arleigh Burke-class guided-missile destroyer USS Donald Cook (DDG 75) salute Romanian President Traian Băsescu during his visit to the ship. (U.S. Navy photo by Edward Guttierrez III)

The forward deployed guided-missile destroyer USS Donald Cook (DDG 75) welcomed aboard Romanian President Traian Bsescu while the ship was in port in Constanta, April 14. Bsescu was met by members of the U.S. Embassy and Donald Cook's Commanding Officer Cmdr. Scott Jones


Among 2014's Most Powerful & Influential Women: Karen Jones

Karen Jones: Photo Ryder

Commercial transportation and supply chain management firm Ryder System Inc. say that their Chief Marketing Officer, Karen Jones, was named one of 2014’s Most Powerful & Influential Women by the Florida Diversity Council. Ms. Jones was presented with the award at the 2014 Florida


Mariner’s Medical Certificates – the New Normal

Jeff Cowan

The Maritime Labor Convention of 2006 became effective on 20 August 2013: Are the authorities ready? Consider that MLC 2006 Regulation 1.2-Medical certificate. Standard A1.2 states that “a competent authority shall require prior to beginning work on a ship


Short-Sea Shippers Warn of New EPA Rules' Unintended Consequences

Rod Jones: Photo credit CSL Group

A new well-intentioned maritime fuel regulation from the Environmental Protection Agency (EPA) is poised to crowd roads and increase onshore air pollution, maintain shipping industry leaders Rod Jones and Bill Terry, President and CEO of the CSL Group and of Eagle Rock Aggregates, respectively


Crowley Maritime Tugs Deliver Massive Semi-Submersible

The tow: Photo courtesy of Crowley Maritime

Crowley Maritime Corp. inform that its ocean class tugs have successfully delivered oversized, overweight equipment – comprised of topsides, tendons, piles and more – that are now part of a massive semi-submersible floating production facility located in the U.S


Offshore Insights from OMSA's Ben Billings

Ben Billings

Ben Billings serves as President & CEO of the Offshore Marine Service Association (OMSA), a nationwide trade association headquartered in New Orleans that represents more than 200 member companies. OMSA’s membership includes approximately 100 firms operating more than 1


Advanfort Vessel and Crew Remain in Custody

Photo: AdvanFort

The judicial magistrate in Tuticorin, C. Kathiravan, extended the custody of the AdvanFort-35 until March 14 after hearing arguments through video conferencing. The Advanfort-35 is the name dubbed to the 35 crew members who were captured by the Indian authorities in October of 2013


U.S. refiners oppose easing crude export limits

Four U.S. oil refiners, trying to counter growing calls to lift the nation's ban on most crude oil exports, have launched the first major lobbying effort to keep abundant U.S. oil supplies from being sold overseas. Rising U.S. shale oil production has opened the door to a possible revision of


AWA Opens Houston Office

American Worldwide Agencies (AWA) is adding to its global network of freight forwarders and agents with a new office in Houston, the company announced today. The Houston office is part of AWA's global expansion plans and will handle the company's growing business in the region for project freight


Virginia Leads US in Shipbuilding Jobs

Alexander Manning pulls a piece of track into position at Newport News Shipbuilding under a transfer car for the submarine John Marner (SSN 785). Photo by Chris Oxley

State maritime industry supports more than 63,000 jobs; worth over $5.5 billion annually to Virginia’s economy The American Maritime Partnership (AMP) today joined with the Shipbuilders Council of America (SCA), Senator Tim Kaine (D-Va.), Congressman Rob Wittman (R-Va


AWO Urged Action on Waterways Infrastructure

Tom Allegretti

As part of the American Waterways Operators’ annual Barge-In, U.S. vessel owners, operators and mariners are fanning out all over Capitol Hill today visiting nearly 150 Congressional offices to talk about the industry’s top advocacy priorities and the industry’s important role as


Landrieu to Highlight Jones Act’s Importance to La.

Sen. Landrieu at the Port of New Orleans (Photo: landrieu.senate.gov)

Tomorrow, April 8, at 2:40 p.m. EDT, U.S. Senator Mary L. Landrieu, D-La., Chair of the Senate Energy and Natural Resources Committee, will host a press conference to announce a recent study that highlights the importance of the Jones Act to Louisiana’s economy.


Senator Landrieu Defends Jones Act

Source: wikimedia.org

The United States should strengthen a century-old law designed to protect the domestic shipping industry, rather than relax it under pressure from the energy industry, the chair of the Senate Energy Committee said on Tuesday.   The 1920 Jones Act restricts the delivery of goods between U.S


 
rss feeds | archive | privacy | history | articles | contributors | top news | contact us | about us | copyright