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
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 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
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 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 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.
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 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….”
Australian Navy made its mark in the sky and on the ground at this year’s Supercheap Auto Bathurst 1000 supercars race. Building on the year-round Team Navy technical sailor out-placement program with Prodrive Racing Australia
Moody's Investors Service, has placed the ratings of Overseas Shipholding Group, Inc. (OSG) under review for downgrade, including its B2 corporate family and Caa1 senior unsecured ratings, and the B1 and Ba2 senior secured debt ratings of its subsidiaries, OSG Bulk Ships, Inc
Highlighting the economic impact under the Jones Act of its $500 million investment in the trade between the U.S. mainland and Puerto Rico, Crowley Maritime Corporation’s liner services group reached new milestones in its construction of two new
CSL Group head Rod Jones will retire effective March 31, 2017, after a career with the Canadian dry bulk shipper that spans over 30 years, including nine years as president and chief executive officer. Louis Martel, currently CSL International president and CSL Group executive vice-president
Insights: Aaron Smith - President and CEO, Offshore Marine Service Association (OMSA); Executive Director, OSVDPA As the Executive Director for the Offshore Supply Vessel Dynamic Positioning Authority (OSVDPA), Aaron Smith is charged with managing the day-to-day operation of the Authority
Steady, smooth, powerful, highly maneuverable: these were comments from mariners on board for sea trials of Jones Marine Group’s new tractor tug, David J. The new workboat was put through its paces in fine form. The boat is an A.G. McIlwain-designed 53 by 26
General Dynamics NASSCO has delivered Bay State, the fourth of five new Jones Act ECO Class product carriers under contract with American Petroleum Tankers (APT). The vessel was delivered on Monday, September 26 during a signing ceremony at the NASSCO shipyard in San Diego.
A multinational group of Sailors and scientists from a variety commands, organizations and militaries searched for the wreckage of Revolutionary War ship Bonhomme Richard, Sept. 2-9. Underwater archaeologists from the Naval History and Heritage Command (NHHC)
Wärtsilä has been selected as an index component of the Dow Jones Sustainability Indices (DJSI), both in the DJSI World and DJSI Europe indices. S&P Dow Jones Indices, one of the world's leading index providers, and RobecoSAM
1861 - During the Civil War, Seaman Benjamin Swearer lands with troops from the steam sloop of war, Pawnee, and takes part in the capture of Fort Clark, at Hatteras Inlet, N.C. He serves throughout the action and has the honor of being the first man to raise the flag on the captured fort
The Right Stuff: Innovation, Customer Service, Crew Welfare The hallmarks of a successful vessel operator are the same whether they are carrying liquid, physical or human cargo: A laser focus on safety, a twin commitment to customers and crew
Built at BAE Systems’ Jacksonville, Fla. shipyard, the new tug Sea Power has delivered the tug Sea Power to Seabulk Tankers, Inc. to be used to enhance the shipper’s Jones Act coastal operation, powering barges that transport chemical and petroleum products between U.S. ports.
Crowley Maritime Corp. took delivery Friday of MT West Virginia, the fourth new Jones Act product tanker built for the company by Philly Shipyard, Inc. (PSI). Crowley will christen the West Virginia on Tuesday at a ceremony at Philly Shipyard.
Philly Shipyard, a U.S. commercial shipyard constructing vessels for operation in the Jones Act market has announced acash dividend to be paid by PHLY. The schedule is as follows: Dividend amount: USD 0.25 per share Declared currency: USD
The Future of Shortsea Shipping and Domestic ‘Markets’ Arriving at the Farmer’s Market this morning I made the decision to grill some hand cut rib eye with fresh vegetables and potatoes later that evening. I searched several of the local farm kiosks to find the mix I