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.
Representatives G. K. Butterfield (D-NC) and Walter Jones (R-NC) introduced bipartisan legislation this week that would make deserving World War II U.S. Merchant Mariners eligible for honorary veterans’ status and certain veterans’ benefits, Rep
On Saturday, March 7, General Dynamics NASSCO hosted a keel laying ceremony for the first ECO tanker for American Petroleum Tankers (APT) under construction at the company's shipyard in San Diego. San Diego's First Lady, Mrs. Katherine Faulconer, was the honoree for the ceremony.
Global coatings producer Hempel announced today that it has closed its previously announced acquisition of Jones-Blair Company, a North American protective and waterproofing market supplier. Terms of the acquisition were not disclosed.
A federal court ruled on Wednesday that BP well site leaders on the Deepwater Horizon oil rig cannot be charged with seaman's manslaughter in the deaths of eleven workers that died during the 2010 rig explosion because they were not seamen.
The Offshore Marine Service Association (OMSA) issued a statement regarding Senator John McCain’s proposal allowing foreign-built vessels to take over marine transportation in the United States, stating the amendment would gut U.S. shipbuilding while outsourcing jobs and security.
W&O announced its opposition to the McCain Amendment (amendment #2) to S.1, which it said would cripple the U.S. shipbuilding industry by striking the U.S. build requirement provisions of the Jones Act. “The amendment Senator John McCain has put forth would devastate
Eleven individuals and organizations have been named as winners of the 2014 Walter B. Jones Memorial Awards for Excellence in Coastal Ocean Resource Management, an award given by NOAA’sOffice for Coastal Management for exemplary leadership and a commitment to balancing the human use
Congressman Joe Courtney (CT-2) and Congressman Steven Palazzo (MS-4), along with 30 bipartisan House colleagues, sent a letter this week to Senate leadership urging opposition to an amendment that they say would strip domestic construction requirements that help strengthen America’s
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Danish-based coating supplier Hempel announced a binding agreement today to acquire Jones-Blair Company. The transaction is expected to close in early March 2015, subject to regulatory approval. Jones-Blair Company, an industrial coating supplier located in Dallas, Texas
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