Jones Act’ Category
Sen. John McCain Introduces Legislation to Repeal the Jones Act
Friday, July 9th, 2010
The Jones Act has been a hot topic of discussion since the oil spill in the Gulf of Mexico was discovered. The movement to restrict application of the Jones Act has begun in earnest. The Jones Act requires that all goods shipped between domestic ports in the US, be shipped in vessels that are manufactured in the US, owned by US citizens and manned by US crews.
In the days since the spill was discovered, lawmakers have appealed to Pres. Barack Obama to waive off the provisions of the Jones Act to allow foreign-flagged vessels to help with the oil...
Somali Maritime Piracy Continues to Be Big Business
Thursday, June 24th, 2010
In spite of international maritime patrols and despite all the right noises by the Somalia government about reining in piracy, Somali pirate gangs have no shortage of fresh young recruits who want to join what is right now, one of the country's biggest industries.
According to a report in the Washington Post, far from deterring piracy and discouraging young Somali youths from joining pirate gangs, piracy in the region is actually on an upswing. Pirate leaders speaking to the international media have confirmed that they are flush with funds to continue their business operations, and are actually looking to expand...
Coast Guard Orders Ship to Remain at Washington Port after Captain Found Intoxicated
Tuesday, June 22nd, 2010
No maritime lawyer would dispute that safety of passengers and crewmembers are at a high risk when vessels crews, especially pilots and masters, are operating under the influence of alcohol. Last month, the Coast Guard was forced to order a cargo ship to remain in Washington Port, after an inspection found that the captain was under the influence of alcohol.
The Coast Guard boarded the vessel in the Strait of Juan De Fuca. It was a routine boarding, but an inspection quickly found that the vessel’s master showed signs of being under the influence. The Coast...
Jones Act Seaman Files Lawsuit over Back Injury
Friday, June 18th, 2010
A seaman has filed a Jones Act lawsuit against an employer over a back injury that he suffered during the course of his employment on one of the company's barges.
According to the lawsuit, the injury occurred on July 23, 2008, when the seaman was performing heavy labor. He sustained injuries to his back and other parts of his body. According to the seaman, he was performing the tasks without the help that he needed. The lawsuit further claims that the employer was aware of the injury risks from the seaman performing extremely strenuous tasks on his own, but allowed...
Smith versus Weeks Marine: Maritime Lawyer Discusses Court Decision on Question of Unseaworthiness in Assault
Wednesday, June 16th, 2010
A Louisiana appellate court has upheld a trial court's earlier decision in favor of a seaman who was injured in an assault by two crew members.
In June of 2005, seaman Clarence Smith was woken up from his sleep by two crewmembers, who then proceeded to drag him out, and beat him up. He suffered a head injury, several lacerations, a retinal tear, hemorrhage in the left eye, and multiple abrasions. He also suffered several broken teeth, a temporomandibular joint injury, as well as shoulder and lower back injuries. As a result of the incident, Smith developed post-dramatic stress disorder,...
Seaman Loses Rights to Jones Act Claim, Maintenance and Cure: Why Concealing Injuries at Time of Employment is Never a Good Idea
Sunday, June 6th, 2010
As a maritime lawyer, I cannot stress this enough - crew members must disclose all previous injuries or medical conditions at the time of employment. Concealing such injuries and medical conditions can negatively impact a Jones Act seaman’s claim.
In ATLANTIC SOUNDING CO. INC. V. PETREY, Timothy Petrey, an employee of Atlantic Sounding Company Incorporated, was injured on the job. Atlantic Sounding moved to deny maintenance and cure payouts to Petrey, because his injuries were the result of the dislocation of a pre-existing prosthetic hip Petrey had not disclosed that he had a prosthetic hip at the time...
Jones Act Seaman Test Has Little to Do with Whether Vessel Belonged to Employer: Maritime Lawyer Summarizes Decision
Thursday, April 15th, 2010
Last year, an appeals court in Louisiana held that a maritime worker had a valid Jones Act claim under the law even if the vessel he was injured on did not belong to the employer.
As I have discussed earlier, Latsis vs. Chandris held that a seaman, in order to be considered a Jones Act Seaman, must have a substantial connection with a vessel, and that the connection must be substantial in both nature and duration. This duration is held at approximately 30% of the time.
In Chad Alex vs. Wild Well Control Inc, a Louisiana court held that the plaintiff...
Maritime Lawyer Explains the Importance of Chandris v. Latsis in the Jones act
Wednesday, April 7th, 2010
One of the beauties of the Jones Act is that it has continuously evolved since its inception. The questions behind these evolutions have frequently involved questions of vessel status, seaman status and others.
One of the more defining points in the evolution of the Jones Act came when the US Supreme Court held that a seaman could be considered a Jones Act seaman if
He contributed significantly to the mission of the vessel
and
He had a substantial relationship with the vessel both in terms of nature and duration.
Latsis was working as a superintendent engineer on the vessel, SS...
Maritime Lawyer Analyses Economic Impact of Jones Act Jobs
Monday, March 22nd, 2010
There’s no denying the extraordinary economic contribution that offshore workers and workers in related occupations make to the US economy. This has now been confirmed by a comprehensive study by the Offshore Marine Services Association.
This is the first study that has been commissioned to look into the economic impact of US-flagged Jones act vessels that are owned, crewed and built in the US. The study titled “The Economic Impact of the Shipbuilders and Vessel Operator Servicing the Offshore Exploration, Development and Production Industry on the US Economy” confirms what maritime attorneys have always known -...
What is a Recorded Statement, and Should I Sign One?
Friday, February 12th, 2010
One of the first things you will be asked to do after an injury is to give a recorded statement to the insurance company representatives or your employer’s representatives. This may seem like the most innocent thing to do, but can actually have a negative impact on your maritime injury claim.
Typically, a worker may find insurance representatives turning up to meet him at the hospital and asking for his account of events on the day of the accident, so that they can “determine liability”. As a worker, you are likely to find yourself being goaded into giving an account...
