by Christopher Hannan | Apr 1, 2014
The United States Coast Guard (USCG) Marine Safety and Security Council issued the winter issue of its quarterly magazine Proceedings: Journal of Safety and Security at Sea in February, providing insights to the long and short-term outlook regarding the regulatory environment on the United States Outer Continental Shelf (OCS). In particular, the USCG noted the rapid technological advances that have advanced OCS capabilities into deeper and deeper offshore waters, outstripping the scope and content of existing regulations. This issue of the Proceedings journal is an informative read for anyone with operations on the OCS, but a few of the more prominent regulatory issues and/or new regulatory initiatives are highlighted below: (more…)
by Christopher Hannan | Mar 20, 2014
As detailed in numerous prior posts (most recently regarding the Coronel decision), a series of decisions allowing removal of general maritime law (GML) claims by seamen, even when combined with otherwise statutorily non-removable Jones Act claims, has been developing among the district courts within the Fifth Circuit. While Coronelprovided the first backlash against this historic, albeit nascent, shift in admiralty practice, the Coronel analysis was rather complex and esoteric. (more…)
by Christopher Hannan | Mar 13, 2014
As reported in two prior posts (The Removal of the Ancient Mariner – The Developing Jurisprudence Allowing Removal of General Maritime Law Claims under the Recent Amendments to 28 U.S.C. §1441(b) and The Removal of the Ancient Mariner – Reprising a Sea-Change in Admiralty Law) district courts within the Fifth Circuit have virtually unanimously adopted the reasoning of Judge Gray Miller’s decision in Ryan v. Hercules Offshore, Inc., 2013 WL 1967315 (S.D. Tex. May 13, 2013), which overturned the half-century-old, formerly hornbook rule that general maritime law (GML) claims are non-removable and allowed removal of such claims under the recent amendments to 28 U.S.C. §1441. As the rule of Hercules continues to gain a broader foothold on the Gulf of Mexico, however, a sister court in the Pacific Northwest has rejected the sea change. (more…)
by Christopher Hannan | Mar 11, 2014
In a ruling that will likely send shockwaves through the maritime industry and be considered a landmark decision in years to come, a divided panel of the Fifth Circuit in Naquin v. Elevating Boats, L.L.C., — F.3d —,No. 12-31258 (5th Cir. Mar. 10, 2014) (Davis and Milazzo, J.; Jones, J. dissenting) upheld a jury’s determination that a vessel repair supervisor at a shipyard in Houma, Louisiana qualified as a Jones Act seaman and was entitled to recover money damages under the Jones Act, to the exclusion of the compensation regime under the Longshore Harbor Workers Compensation Act (“LHWCA”). This decision may have an enormous impact on shipyards, the operators whose vessels they service, and the insurers covering them. (more…)
by Christopher Hannan | Feb 26, 2014
After making a splash in October of 2013 with a landmark ruling in McBride v. Estis Well Service, L.L.C., 731 F.3d 505, 517 (5th Cir. 2013) “that punitive damages remain available to seamen as a remedy for the general maritime law claim of unseaworthiness” – which departed from the Fifth Circuit’s prior en banc opinion in Guevara v. Mar. Overseas Corp., 59 F.3d 1496, (5th Cir. 1995) – the Fifth Circuit has decided to revisit en banc the issue of punitive damages for unseaworthiness. The panel decision in Estis, following the analytical path of the United States Supreme Court’s decision in Atlantic Sounding Co. v. Townsend, 557 U.S. 404 (2007) (an equally historic opinion that abrogated Guevara, and least in part, and validated a seaman’s punitive damage claim for an employer’s willful failure to pay maintenance and cure), charted the history of punitive damages (or their rough analog) in maritime jurisprudence, and held that such damages are available for the seaman’s ancient general maritime law remedy for breach of the warranty of unseaworthiness. In particular, the Estis court held that punitive damages forgeneral maritime law unseaworthiness are available notwithstanding that punitive damages are expressly barred in the context of a seaman’s closely related – but technically distinct – statutory remedy for negligence under the Jones Act and/or the Death on the High Seas Act (DOHSA). (more…)
