State-law tort claim not preempted by LHWCA

Tuesday, May 27, 2008

The US Court of Appeals for the Fifth Circuit ruled that a state-law tort claim by a shipyard worker against a vessel owner is not necessarily preempted by the Longshore and Harbor Workers’ Compensation Act (LHWCA).  In the instant case, was injured while fabricating a pontoon extension for defendant’s vessel, which was moored 200 feet away from plaintiff’s worksite.  After receiving LHWCA benefits from his employer, plaintiff sued defendant under state and federal law, alleging that defendant had assumed substantial control over work on the pontoons and had failed to exercise due care to ensure observation of proper safety practices.  The trial court dismissed the actions against defendant as preempted by the LHWCA.  On appeal, the court held that the state-law tort claim raises an issue that is not fully preempted and requires trial on the merits.   McLaurin v. Noble Drilling (US) Inc., No. 07-60402 (5th Cir. - HK Law).

Maritime Reporter August 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Australia's New Shipping Laws Threaten Loss of Jobs

The planned changes to Australia’s shipping laws would cause a 93% loss of Australian seafaring jobs a new report says.   More than nine in 10 domestic seafarers

Proposed Shipping Legislation to Jeopardise$100-million Investment in Australia

Australian-owned Bass Strait shipping operator SeaRoad Holdings has warned the Federal Government that its proposed Shipping Legislation Amendment Bill could jeopardise

China Ready with ECAs

China has taken 'important step' in tackling ship-generated emissions. China is also developing Emission Control Areas (ECAs) in its major ports.   China's Ministry

 
 
Maritime Security Maritime Standards Naval Architecture Navigation Offshore Oil Port Authority Salvage Ship Electronics Ship Simulators Sonar
rss | archive | history | articles | privacy | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.3300 sec (3 req/sec)