Statutory Change Through Codification

Monday, August 15, 2005
The U.S. Court of Appeals for the First Circuit ruled that Congress changed the default wage statute when it codified portions of Title 46, U.S. Code in 1983, despite any indication in the legislative history that a change was intended. In the instant case, various fishermen sued the owner of the fishing vessel for failure to make a written fishing agreement with each fisherman employed prior to the voyage. The fishermen claimed damages under the default wage statute. Until the 1983 codification, this provision had various exemptions, including one for seamen entitled to earn lay shares. During the codification (which included repeal of the old statute), the other exemptions were relocated, but the exemption for seamen entitled to earn lay shares was not. This omission effectively resulted in repeal of exemption. The issue for the court was whether to assume that the omission was a scrivener’s error that should be overlooked or an intentional change in the law by Congress. For various reasons, including the general status of seamen as wards of the admiralty court, this court decided to enforce the literal provisions of the current statute and allow the fishermen to recover damages under the default wage statute. Doyle v. Huntress, Inc., No. 04-1242 (1st Cir., HK Law)
Maritime Reporter March 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Reports: Brazilian Tycoon Batista Investigated For Financial Crimes

Brazils federal police have opened an investigation into former billionaire Eike Batista for financial crimes, including insider trading, manipulation of markets and money laundering,

Shell Commited To Russia Expansion Despite Sanctions

Royal Dutch Shell is committed to expansion in Russia, Chief Executive Ben van Beurden told Russian President Vladimir Putin at a meeting on Friday amid sanctions

Ex-BP Employee Settles Insider-trading Oil Spill Case

A former 20-year veteran of BP plc who oversaw the company's cleanup efforts from the Deepwater Horizon oil spill will pay more than $224,000 to settle civil charges

 
 
Maritime Careers / Shipboard Positions Maritime Security Maritime Standards Offshore Oil Pipelines Port Authority Ship Electronics Ship Simulators Shipbuilding / Vessel Construction 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: 0.1153 sec (9 req/sec)