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.
Continue Reading Fifth Circuit Affirms Dismissal of Jones Act Claims Based on Forum Non Conveniens
On March 12, 2024, in Santee v. Oceaneering International, Inc. et al., the Court of Appeals for the Fifth Circuit issued a published opinion reaffirming the law on several issues that consistently arise in the maritime and oil and gas industries, and particularly associated with operations on the Outer Continental Shelf.
Continue Reading Factual & Legal Leaps Fall Flat: The Fifth Circuit Affirms that Plaintiff Was Not a Jones Act Seaman
Maritime law has many unique characteristics that differentiate it from state and federal law. One of these characteristics is the application of presumptions of fault, causation, and the condition of property, which shifts the burden of proof from one party to the other.
Continue Reading An Introduction to Maritime Law Presumptions
On October 30, 2023, the U.S. District Court for the Eastern District of Louisiana found that the rule established by the U.S. Supreme Court in Robins Dry Dock & Repair Co. v. Flint applied to the case at hand, barring claimants from recovering economic damages for deferred oil production.
Continue Reading Corporate Protection Pipeline: Court Denies Economic Damages Based on Robins Dry Dock
Fires at sea have been one of the greatest risks to ships and cargo for over a thousand years, and they implicate some of maritime law’s most unique aspects.
Continue Reading Maritime Law: Key Legal Issues in Fires at Sea, Cargo Damage, Salvage, and More