Federal Maritime Law News

The law governing marine insurance in the United States has long been a source of considerable confusion. And if there was once a clear set of principles applicable in such cases, the Supreme Court long ago muddied the waters with their infamous ruling in Wilburn Boat Co. v. Fireman’s Fund Ins. Co., 348 U.S. 310 (1955). That case, involving a fire on a houseboat on an inland man-made lake on the Texas-Oklahoma border, established the “litmus test” for when maritime law should…

Join a webinar on June 17, 2020 for the global release of a major new market study on the depth, breadth and growth prospects of the Offshore Wind Market --  https://zoom.us/webinar/register/WN_UR5uY1boTOKdAAcAXDbR4gJust when it was looking like the offshore wind industry was finally about to take off in the United States, the COVID-19 pandemic has introduced one more significant layer of uncertainty upon an already very complicated playing field. There are currently 15 active offshore wind projects in the planning stages which…

There is more to SubM than just attention to safety. Protect yourself accordingly. In today’s environment, safety management systems for brown water marine operators are standard industry practice, whether they come in the form of the American Waterways Operators (AWO) Responsible Carrier Program (RCP) or the Tanker Safety Management Assessment (TSMA) framework developed by the Oil Companies International Marine Forum (OCIMF) for liquid carriers. However, with the full-fledged implementation of Subchapter M on the horizon…

U.S. Moose Boats, a boat designer and manufacturer in the San Francisco Bay Area, announced two recent vessel deliveries: a M2-35 Catamaran Patrol Boat to the Placer County Sheriff’s Office in Carnelian Bay, Calif., and a M2-38’ 3,000GPM Fire Rescue Catamaran to the Bellingham Fire Department in Bellingham, Wash. The builder has received an additional order to build a M2-38 Catamaran CBRNE Emergency Response and Recovery Vessel for the New Bedford Fire Department in Massachusetts.

The Jones Act has been blamed for everything from higher prices of goods and oil to a shortage of rock salt supply in the Northeast during the past winter, but the 94-year-old U.S. federal statute governing the U.S. coastal shipping trades will not be going away anytime soon. The solid status of this deeply entrenched U.S. federal maritime law is reflected in heavy investments by oil, logistics and shipping companies in this lucrative domestic shipping sector. Last December, Kinder Morgan spent nearly $1 billion in its acquisition of its first Jones Act tanker assets when it bought American Petroleum Tankers and State Class Tankers. The market outlook for U.S.- flagged oil tankers remains bright, and some companies are banking on that.

Coast Guard crew seizes a lancha, 297 illegally caught fish, & detain crew of 4 Mexican nationals apprehended fishing in US waters in the US Exclusive Economic Zone. The cutter's crew spotted the lancha 10 miles north of the U.S./Mexico border. The crew launched a small boat to pursue the lancha, which stopped and was boarded. The crew was able to determine that the four Mexicans onboard had been fishing illegally, having caught 272 red snapper, four mackerel and 21 blacktip shark.

International maritime lawyers Jason R. Margulies and Michael A. Winkleman, of Lipcon, Margulies, Alsina & Winkleman, P.A. , have secured the top verdict in Florida for admiralty and maritime law in 2012 for the case: William C. Skye v. Maersk Line Limited Corporation, doing business as Maersk Line Limited. The verdict was published in the 'Daily Business Review' a legal and business periodical that ranks and publishes Florida Top Verdicts. Attorneys Margulies and Winkleman secured the successful verdict on May 16, 2012 under the Jones Act for the plaintiff, William Skye, a commercial ship crew member who sustained permanent physical injuries to the heart as a result of the negligent working environment created by his employer, Maersk Line Limited.

Unfortunately, as a vessel owner or operator, you have probably been faced with a situation where one of your crew members have allegedly become sick or injured while in the service of the vessel. As you are aware, once this injury or illness is reported to the company, the duties of providing maintenance and cure under the Jones Act begin. Unfortunately, instances of fraud where the employee may not have suffered the injury or illness that he or she is complaining of seem to be common.

By James P. Nader, Esq. Joseph A. Poblick, Esq. It is common in today's litigious environment for businesses to attempt to limit their liability through contracts. Courts have struggled with the "boilerplate" language used in many contracts today. This is true even in the admiralty and maritime world. Although lawsuits involving maritime injuries generally must be filed within three years, passenger vessels such as ferries and cruise ships may stipulate a shorter time frame. Federal maritime law allows a passenger vessel to limit its liability to lawsuits which are filed within one year of the accident. Passenger vessels may stipulate time limitations for filing claims and commencing lawsuits on their tickets.

A Review of Recent Developments with the Americans with Disabilities Act's Requirements for U.S. By James P. Nader & Rudolph F. Douglas Spector and Tammy Stevens presumably do not know each other, but they have a lot in common. Approximately five years ago, both Spector and Stevens boarded cruise ships out of major ports in the southern United States. Both Spector and Stevens, who are wheel-chair bound, believed their respective cruise ships discriminated against them as disabled passengers. Both individuals filed suit in federal courts alleging violations of the Americans with Disabilities Act. Despite the similarities in their lawsuits, these two federal courts reached completely opposite results.

The Maritime Administrations announced it has released its annual Compilation of Maritime Laws for fiscal year 2007. Each year since 1995, the Maritime Administration has published the laws as an essential reference for its Agency leadership and staff. The compilation is also widely used by the Members of Congress, their staffs and committees, attorneys practicing in the area of Federal Maritime Law and interested members of the general public. The Maritime Administration believes that it is essential that this publication be made available to ensure access to the current state of significant maritime laws, including current statutory amendments.

In March of 1998, the owners of M/V Golden Prince were locked in a wage dispute with current and former crewmembers. The vessel owners hired a law firm from New Orleans, La., to help resolve this wage dispute. The crew sought wages and penalties from the ship owner due to an alleged breach of contract governing their pay. Ultimately, the crewmembers seized M/V Golden Prince to enforce their claims. The law firm rendered over $136,000.00 in legal fees to settle the wage claims and negotiate the release of the seized vessel. These legal fees were never paid by the ship owner. Subsequently, in January of 1999, creditors of M/V Golden Prince seized the vessel. The vessel was then sold at a public auction for $3.51 million.