Plaintiffs Cannot Be Seamen When Not Sail in Navigable Waters

Monday, August 12, 2002
In Solomon v. Blue Chip Casino, Inc., 2002 WL 1763935 (Ind.App. July 31, 2002), the court found the casino boat worker plaintiffs (a slot representative and a table games specialist) could not pursue Jones Act seaman claims against the vessel owner when the section of Trail Creek upon which the casino boat is moored in not "navigable in fact." The boat was situated in a "small, man-made, rectangular area of water that was dug out of dry land connected to Trail Creek by a narrow and shallow opening." The court found that while shallower draft recreational vessels may be able to, a commercial vessel such as the casino boat could not transit this two and a half feet deep section of Trail Creek out to Lake Michigan. The court also found that even though the Coast Guard had regulatory jurisdiction over the casino boat, since the Coast Guard's jurisdictional regulation was worded in broader terms than the "navigable in fact" requirement for admiralty jurisdiction, this was not sufficient to establish admiralty jurisdiction, and thus the plaintiffs could not be Jones Act seamen. Finally, the court held that the Indiana gaming statute's definition of navigable waters was also different than the more restrictive definition controlling admiralty jurisdiction. Source: Marine Legal Update
Maritime Reporter July 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

US Senate Energy Panel Votes to Lift Oil Export Ban

The U.S. Senate Energy Committee on Thursday passed a bill that would lift a decades-old ban on the export of crude oil.   The 22-member panel passed the bill

Legislation Introduced to Lift Cuba Embargo

A new piece of legislation, the Cuba Trade Act of 2015, was introduced in Congress Tuesday that aims to lift the Cuba embargo and allow for U.S. businesses in the

Matson Settles with Hawaii Settle on Molasses Incident

Pacific cargo shipper Matson, Inc. informs that a settlement has been reached with the State of Hawaii to resolve all civil, criminal and administrative claims

 
 
Maritime Careers / Shipboard Positions Navigation Offshore Oil Pod Propulsion Port Authority Ship Electronics Ship Simulators Shipbuilding / Vessel Construction Sonar Winch
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: 0.1164 sec (9 req/sec)