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Fifth Circuit Affirms Dismissal of Jones Act Claims Based on Forum Non Conveniens
On July 17, 2024, the United States Court of Appeals for the Fifth Circuit affirmed the district court’s dismissal of a Jones Act seaman’s personal injury suit on forum non conveniens grounds. The decision turned on the enforceability of a forum selection clause in the seaman’s employment contract mandating that litigation take place in England.
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Fifth Circuit Upholds Coast Guard Determination that Dredging Barge with Foreign-Made Crane May Operate in the United States
On April 17, 2024, the U.S. Court of Appeals for the Fifth Circuit upheld the Coast Guard’s determination that a vessel is considered “built in the United States” for purposes of coastwise endorsement eligibility notwithstanding its incorporation of a foreign-made crane.
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USCG Updates Guidance on Safer Seas Act Compliance, Continuing to Show Strict Interpretation and Enforcement of Its Requirements
On December 29, 2023, the USCG issued Maritime Safety Information Bulletin (MSIB) 13-2023, Change 1, an updated version of MSIB 13-23, that now includes a Frequently Asked Questions section addressing compliance with the Safer Seas Act that was passed in December of 2022.
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USCG Issues First Guidance on Safer Seas Act Camera Requirements
On November 13, 2023, the U.S. Coast Guard published Policy Letter 23-05 which provides the first actual guidance for vessel owners and operators on the expectations for the surveillance equipment that they are required to install and maintain under the Safer Seas Act, which became law in December 2022 as part of the James M. Inhofe National Defense Authorization Act (NDAA) for Fiscal Year 2023. …
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