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Jeffrey S Moller News

24 Nov 2015

When Conducting Investigations Consider 'Privileges'

Jeffrey S. Moller

Whether voluntarily or as required by the International Safety Management Code, the American Waterways Operators’ (AWO) Responsible Carrier Program, or some other rule or regulation, investigations of accidents and near-miss situations are routinely conducted by companies in the maritime industry. This is due to the widespread recognition that careful examination of the root causes of such incidents can help to prevent future occurrences. Faulty procedures, defective equipment, and inadequate training can all be identified in the investigation exercise.

02 Aug 2012

Moller Tapped for NAVSAC

Blank Rome’s Jeffrey Moller

Blank Rome’s Jeffrey Moller Appointed to Navigation Safety Advisory Council. Jeffrey S. Moller, Blank Rome LLP Partner and Product Liability, Mass Torts, insurance Practice Group Leader has been appointed to the Navigation Safety Advisory Council (NAVSAC) as a member representing the viewpoint of the Maritime Law Association. The NAVSAC provides valuable assistance to the Department of Homeland Security on matters related to prevention of collisions, ramming and groundings, including the Inland and International Rules of the Road…

19 Nov 2008

Exxon Valdez Put to Rest

The most anticipated maritime law decision in recent years has been the decision in June 2008 by the U.S. Supreme Court that reduced the award of punitive damages against Exxon from $2.5 billion to $500 million. After nearly 20 years of litigation against Exxon and the captain of its vessel, the case is finally at an end. For those who practice maritime law or are guided and affected by it, the most obvious ramifications of the Court’s decision are that punitive damages may be awarded against a shipowner…

08 Sep 2004

How to Indentify a Jones Act Seaman

By Jeffrey S. The maritime law community is awaiting the next pronouncement by the U.S. Supreme Court pertaining to the definition of a Jones Act seaman. In February, the high court announced that it would review the decision of the First Circuit Court of Appeals in Stewart v. Dutra Construction Co., Inc. The definition of seaman has proven to be a nagging problem; this will be the fifth time since 1991 that the Justices have tackled some aspect of the question. Most injured maritime workers would prefer to pursue recovery as a "seaman". There are several reasons for this. First and foremost, the damages recoverable under the Jones Act are not limited to lost wages and benefits, but also include an important component for "pain and suffering".

07 Sep 2005

Criminal Liability of the Mariner (and His Employer)

By Jeffrey S. In recent years, federal prosecutors have pursued criminal charges against shipping companies and their employees with increasing energy. This trend is alarming not only because it targets both denizens of the wheelhouse and the executive suite alike, but because it relies upon criminal statutes that are out of step with traditional tenets of criminal law and employs prosecutorial tactics which often lead to the distortion of facts and the loss of attorney-client privileges. Recent cases provide a "word-to-the-wise" and at the same time cry out for Congressional remedy. As one might expect, oil pollution cases are by far the most attractive to prosecutors.