Jones Act Seaman
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
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
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
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
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
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.
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
A campaign pledge of support for the Jones Act has earned President Barack Obama the cover spot on the 2008 Annual Report of the Maritime Cabotage Task Force, a Washington, D.C.-based coalition promoting the domestic U.S.- Flag fleet. In August 2008, then candidate Obama declared “America needs a strong and vibrant U.S.-flag Merchant Marine … That is why you … can continue to count on me to support the Jones Act….”
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
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.
German Seamen’s Mission takes over new showcase facility. The German Seamen’s Mission (Deutsche Seemannsmission e.V.) has moved into its new showcase Seafarers’ Lounge at the Ostseekai Cruise Terminal in Kiel. The facility is for the use of ship crews and is designed to
International Shipholding Corporation inform that its Board of Directors has declared a dividend of $2.375 per share on its Series A Cumulative Redeemable Perpetual Preferred Stock (NYSE:ISHPRA) and a dividend of $2.25 per share on its Series B Cumulative Redeemable Perpetual Preferred Stock
The American Maritime Partnership (AMP), the voice of the domestic maritime industry, has released the following statement on the U.S. Senate confirmation of Paul ‘Chip’ Jaenichen as U.S. Maritime Administrator: “AMP members appreciate Administrator Jaenichen’s
The American Waterways Operators, a 350-member trade association representing the U.S. tugboat, towboat and barge industry, has offered its congratulations to Paul “Chip” Jaenichen on his successful Senate confirmation as U.S. Maritime Administrator.
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
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
Private equity firm Avista Capital Partners informs it has invested in a newly-formed joint venture (J/V) with SEACOR Tankers Inc., a subsidiary of SEACOR Holdings Inc. that operates a fleet of 7 U.S.-flag Jones Act vessels (5 owned and 2 chartered-in) in the U.S
Shipowners have been warned they could face being saddled with ‘negative equity’ in the insurance aftermath of disasters at sea, according to Keith Jones the outgoing chairman of the Association of Average Adjusters (AAA) at its London AGM
The Jones Act has been blamed for everything from higher prices of goods and oil to a shortage of rock salt supply in the Northeast during the past winter, but the 94-year-old U.S. federal statute governing the U.S. coastal shipping trades will not be going away anytime soon.
When the Offshore Supply Vessel Dynamic Positioning Authority (OSVDPA) held its first board meeting in March, it began charting the course toward a new dynamic positioning operator (DPO) certificate especially designed for the offshore service vessel industry
The Chamber of Shipping of America (CSA) says it has recognized Foss Maritime's commitment to safety by awarding Jones F. Devlin Safety Awards to 73 of the company's vessels for their outstanding safety records. The 2013 Jones F. Devlin award winners were recognized at the CSA Annual Safety
Domestic Maritime Industry Worth More than $9.6 Billion to Florida Economy. Florida ranks second among all states in domestic maritime jobs, according to a new study by PricewaterhouseCoopers (PwC) for the Transportation Institute and released by the American Maritime Partnership (AMP)
Aker Philadelphia Shipyard and financial sponsors, including American Shipping Company and funds affiliated with Apollo Global Management, create pure play Jones Act shipping company, Philly Tankers. Aker Philadelphia Shipyard ASA (OSE: AKPS) is pleased to announce the planned establishment of
General Dynamics NASSCO, a wholly owned subsidiary of General Dynamics (GD), has entered into a contract with an affiliate of American Petroleum Tankers (APT), a wholly owned subsidiary of Kinder Morgan Energy Partners, L.P. (KMP), for the design and construction of an additional 50
U.S. shipbuilders are making a $500 million bet on robust domestic demand for crude oil from newly-tapped shale fields by building new tankers without having lined up customers to lease them. Philly Tankers AS, majority-owned by Aker Philadelphia Shipyard is building four ships on spec