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 Today


The Maritime Industry's original and most viewed E-News Service

Maritime Reporter June 2016 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

ECDIS Related Detentions on the Rise

ClassNK has been informed by Australian Maritime Safety Authority (AMSA) that during PSC inspections it has been increasingly reported that vessels have been detained

CMA CGM Crosses 90% Ownership Threshold in NOL

Container shipper CMA CGM S.A. has crossed the 90 percent ownership threshold in Neptune Orient Lines Limited (NOL), enabling it to bring the Singapore company private.

UAE Top Court: Physical Bunkers Suppliers Have No Right to Recourse against Owners/Charterers

The OW saga - UAE Federal Supreme Court decides that physical suppliers of bunkers have no right to recourse against Owners/Charterers. In the first decision

 
 
Maritime Security Naval Architecture Offshore Oil Pipelines Salvage Ship Electronics Ship Repair Ship Simulators Shipbuilding / Vessel Construction 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: 0.0718 sec (14 req/sec)