On September 2, 2022, the U.S. Customs and Border Protection of the Department of Homeland Security (“CBP”) issued a CBP ruling, HQ H32233, determining that most offshore Wind Energy installation projects, including the laying of transmission cables, generally requires the use of Jones Act (Coastwise) compliant vessels. Jones Act qualified and compliant vessels are those
Jones Act
Jones Act Vessel Status Update: The Louisiana Supreme Court Finds Riverboat Casino is not a Vessel in Navigation
Although the riverboat casino Grand Palais was originally designed to transport people over water, and did so until 2001, and is theoretically capable of navigation, the Louisiana Supreme Court has determined that it is no longer a vessel in navigation. Don Caldwell v. St. Charles Gaming Co., 2019-1238 (La. 1/29/20), So.3d _____. The Court’s…
UPDATE: Supreme Court grants writs in Dutra v. Batterton
Last week, the U.S. Supreme Court granted the Writ of Certiorari in the Dutra v. Batterton case, setting the stage for a resolution of the Circuit Split between the US Fifth and Ninth Circuits on whether punitive damages are available to a seaman on an unseaworthiness claim. A more thorough review of the Dutra case…
“Zone of Danger” Rule Applies to Emotionally Injured Passengers Under General Maritime Law within U.S. 1st Circuit; U.S. 5th Circuit Still Undecided
On February 12, 2017, a fishing charter boat, the M/V SUPER STRIKE, carrying several paying customers collided with an offshore service boat, the M/V MISS IDA, during a fishing trip. Claims were asserted by the passengers against both vessels and operators in their respective limitation suits. Recently, dispositive motions were filed against the claims asserted…
Spouse of Non-Seafarer Injured in Territorial Waters can Recover Non-Pecuniary Damages for Loss of Consortium and Society
by the Admiralty and Maritime Team
In 2016, District Judge Sarah Vance ruled that the heirs of a self-employed commercial fisherman who died while fishing in state territorial waters could recover non-pecuniary damages. In Re: Marquette Transp., 182 F.Supp. 3d 607 (E.D. La 2016) (citing Yamaha Motor Corp USA v. Calhoun 516 U.S. 1999…
Split in the Circuits Sets up Punitive Damages Showdown
by the Admiralty and Maritime Team
It is now well settled in the United States Fifth Circuit Court of Appeals that a seaman cannot recover punitive damages on an unseaworthiness claim. McBride v. Estis Well Service, 768 F.3d 382 (5th Cir. 2014) (en banc). Specifically, the U.S. Fifth Circuit has held that…
President Trump Grants Ten Day Waiver of the Jones Act for Puerto Rico
On September 28, 2017, President Trump granted a ten day waiver of the Jones Act for the island of Puerto Rico, a U.S. territory, in an effort to facilitate the island’s recovery from Hurricanes Irma and Maria. The waiver went into effect immediately and alleviates the Jones Act’s restriction against the transport of passengers and…
U.S. 5th Circuit Highlights Chasm Between Seaman Classification Under Jones Act and FLSA
In the recent case of Halle v. Galliano Marine Service, L.L.C., No. 16-30558, 2017 WL 1399697 (5th Cir. Apr. 19, 2017) the U.S. Fifth Circuit addressed for the first time whether ROV technicians, who are traditionally Jones Act seamen, qualify as seamen under the Fair Labor Standards Act (“FLSA”). The Court found that the…
U.S. Supreme Court Limits Forum Shopping by Railroad Employees… and by Extension Jones Act Seamen
By the Admiralty and Maritime Team
In the recent case of BNSF Railway Co. v. Tyrrell, the U.S. Supreme Court rejected a blatant forum shopping attempt by two railway employees and limited future lawsuits against out-of-state railroads. In BNSF Railway Co., Robert Nelson of North Dakota and Kelli Tyrrell of South Dakota filed…
Majority of EDLA Judges Acknowledge Continued Viability of Scarborough to Bar Punitive Damages Against Third Parties in Jones Act Cases
Until the U.S. 5th Circuit gets an opportunity to directly address the continued viability of Scarborough v. Clemco Industries, 391 F.3d 660 (5th Cir. 2004) in the wake of Atlantic Sounding v. Townsend, 557 U.S. 404 (2009), we are likely to see a lack of harmony among the district court judges considering this…