Admiralty Litigation

Articles

In-depth analysis and practical advice on topics relevant to your practice. Find all of the Admiralty Litigation Committee’s articles in this archive.

2020

Actually, Single Claimant Settlement Funds May Not Be Valid
By Stephen R. Harris – April 6, 2020
A primer on 468B settlement funds.

Fifth Circuit Upholds Order to Proceed with Maritime Arbitration in London
By David Y. Loh – January 14, 2020
This decision will allow parties to evaluate whether an order concerning arbitration can be considered “final” and therefore subject to appellate jurisdiction.

2019

Wasting Away Again in Insuranceville
By Ethan Price-Livingston – December 30, 2019
Counselors should be aware of the differing interpretations of Rule 26 unless and until further court decisions or amendments to the FRCP provide clarity.

BNSF Subject to Class Action Based on Illinois Biometric Privacy Act
By David Y. Loh – November 6, 2019
This decision is possibly the beginning of other lawsuits alleging technical violations in the collection and preservation of personal biometric data in the transportation industry.

New York Workers’ Compensation Law: The “Grave Injury” Exception
By Andrew Punzo – October 29, 2019
Learn about one way to permit third parties to avoid the workers’ compensation bar and implead the employer.

2018

The Path to a Successful Mediation
By Sally Shushan – November 1, 2018
While litigants may have had a contentious relationship prior to mediation, they need to prepare for mediation with a view toward ending the litigation by agreement.

Considerations in Cases Involving Engine Damage Caused by Contaminated Bunkers
By Christopher Raleigh – July 27, 2018
An overview of related issues and how to protect the interests of vessel owners.

2017

A Primer on the Limitation of Liability
By Douglas W. Truxillo – October 31, 2017
A convenient checklist of the process when the decision has been made by the vessel owner to bring an action.

If You Build It, They Will Come: Launching a Direct-to-Europe Container Liner Service from Cleveland
By Henry E. Billingsley, II and Dennis S. Medica – July 28, 2017
The Cleveland-Cuyahoga County Port Authority made it happen.

Beware: Permissive vs. Mandatory Forum Selection Clauses
By Alexander Selarnick – March 31, 2017
A discussion of jurisprudence concerning the enforceability of the clauses in admiralty and maritime contracts as permissive versus mandatory.

The Federal Fifth Circuit and the Collateral Source Rule in Maritime Cases
By Douglas W. Truxillo – February 27, 2017
The current trend limiting its application to only the actual “paid” medical expenses seems to be catching hold—at least in one court.

Maritime Collateral-Source Rule
By Sidney W. Degan, III – January 31, 2017
Are longshore and harbor workers entitled to recoup the full amount of medical expenses billed to an LHWCA insurer?

2016

Seaman’s Manslaughter
By Nicholas J. Cenac – November 31, 2016
Learn how and when to apply this somewhat archaic piece of legislation.

Governmental Investigatory Report Findings and Conclusions: What Is Admissible?
By M. Matt Jett – August 30, 2016
Learn the case law and arguments to utilize when arguing for or against admissibility of the findings and conclusions.

Marine Salvage Laws: What About a Helicopter Landing on Vessel’s Helipad?
By Douglas W. Truxillo – July 27, 2016
A general overview of how the concept applies to property salvage under maritime law.

Is Proximate Cause Being Eroded in Determining Restitution?
By Dennis S. Medica – May 12, 2016
The first legal challenge to U.S. Coast Guard’s complex restitution calculation.

How a Seaman’s Failure to Disclose Pertinent Medical History Impacts the Right to Recover Maintenance and Cure
By Nicholas J. Cenac – April 5, 2016
Learn how a company can employ the McCorpen defense.

Jones Act Seaman v. Orva “Scientific Personnel” Status
By Douglas W. Truxillo – January 4, 2016
What is the Oceanographic Research Vessel Act's effect on jurisprudence and statutory law?

2015

Vessel Owner Liability and the Limitation of Liability Act
By Philip Brickman – September 30, 2015
To what extent is an owner liable in a negligent longshoreman's death?

Uncharted Waters: Vicarious Liability of Cruise Liners in Light of Franza v. Royal Caribbean Cruises
By Angelique Pui-Ka So – April 24, 2015
Should a cruise line be held liable for its onboard medical personnel’s negligence while at sea?

A Primer on Seaman Status under the Jones Act
By Sidney W. Degan, III – March 3, 2015
Practitioners of this specialized area of law must be aware of the issue’s complex legal history.