Ever-evolving technology is allowing more and more shipwrecks to be discovered and salvaged. But what law governs the search for and recovery of artifacts and shipwrecks? How does the would be treasure hunter obtain a legal right to the salvaged treasure? Join
The United States Court of Appeals for the Fifth Circuit recently affirmed a district court’s partial grant of summary judgment holding a Master Services Contract (“MSC”) was governed by Louisiana, rather than maritime, law. 1Because Louisiana law applied, the Louisiana Oilfield Indemnity Act (“LOIA”) rendered the indemnity provision in the MSC unenforceable. Both the
In this episode of “Energy Law This Week,” hosts Matt Jones and April L. Rolen-Ogden are joined by Liskow maritime attorney Thomas Diaz to discuss significant legal updates in the energy sector, focusing on recent cases and developments in maritime and admiralty law.
Continue Reading Wells on the High Seas: Maritime Law and the Energy Industry
On February 13, 2025, the Federal Maritime Commission (“FMC”) issued its latest ruling in a saga concerning whether an ocean carrier’s assessment of detention and demurrage (“D+D”) charges during periods when equipment cannot be returned due to terminal closures constitutes an “unjust and unreasonable” practice in violation of the Shipping Act. See TCW, Inc. v. Evergreen Shipping Agency (Am.) Corp., Docket No. 1966(I) (FMC Feb 13, 2025).
Continue Reading The FMC’s Latest Ruling on Detention Charges: What it Means for Ocean Carriers
Liskow is proud to share a video from our new series “Beneath the Surface,” which introduces audiences to our nationally recognized Maritime Practice group and the faces behind The Maritime Law Blog.
Continue Reading Liskow Goes Beneath the Surface of Maritime Law: Get to Know the Authors
On September 12, 2024, in In re Live Life Bella Vita LLC, No. 23-55613 (9th Cir. Sept. 12, 2024), the Ninth Circuit joined the majority of circuits by holding that claims for indemnity and contribution are considered separate claims in the context of Limitation Actions, and thus, if a claimant wants to lift the federal court stay and proceed in state court, all claimants must execute a stipulation preserving the shipowner’s right to have the federal court determine limitation of liability.
Continue Reading Majority Rules: Ninth Circuit Joins in Treating Contribution and Indemnity Claims as Separate in Limitation Proceedings
On October 3, 2024, the U.S. Coast Guard published Change 1 to CVC Policy Letter 23-05 — Guidance on Surveillance Requirements for Certain Commercial Vessels That Do Not Carry Passengers (CVC-PL-23-05-CH01).1 This updated Policy Letter addresses the surveillance equipment characteristics that vessel owners and operators 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.
Continue Reading USCG Updates Guidance on Safer Seas Act Camera Requirements
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 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.
Continue Reading Fifth Circuit Upholds Coast Guard Determination that Dredging Barge with Foreign-Made Crane May Operate in the United States
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