Jones Act’
Deepwater Horizon Explosion Draws Much-Needed Attention to Maritime Laws
Wednesday, July 14th, 2010
As a maritime lawyer, I know for a fact that admiralty laws are some of the most misunderstood and least well-known of laws. It's highly likely that most Americans have never heard of the Jones Act, and even if they've heard of it, have no idea what it involves. There is even lesser chance that most Americans have heard of the Death on the High Seas Act, or even the Limitation of Liability Act. Some of that is changing since the Deepwater Horizon explosion in the Gulf of Mexico in April....
Louisiana Maritime Companies Face Federal Charges
Monday, July 12th, 2010
Two maritime companies in Louisiana are facing federal charges in two separate cases. Last week, the US Attorney for the Eastern District of Louisiana charged Harvey-based DRD Towing and it's part owner, as well as Galliano-based Offshore Service Vessels on several counts.
DRD Towing has been charged on two counts of violating the Ports and Waterways Safety Act and Clean Water Act. Part owner Randall Dantin was charged with one count of obstructing justice. The charges against DRD Towing include assigning unlicensed employees to operate certain vessels, and failure to have a relief captain when a captain was...
Dear BP: Letter from Congress to Tony Hayward Addresses Serious Concerns
Friday, July 9th, 2010
Earlier this month, a House Committee on Energy and Commerce sent a letter to BP’s Chief Executive Officer Tony Hayward in preparation for the latter's testimony before the Subcommittee on Oversight and Investigations that had been scheduled for later in the month.
The letter raises the committee's concerns on the kind of decisions that were made in the days and weeks just before the Deepwater Horizon semisubmersible oil rig exploded in the Gulf of Mexico. Just five days before the explosion, the letter states, BPs engineer had called the well a “nightmare well.” There were several problems that were made...
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...
Tanker Company Tries to Get Seamen To Give up Jones Act Rights
Wednesday, July 7th, 2010
As a maritime lawyer, I've known for a while that maritime companies are trying to get arbitration agreements that release a seaman from his Jones Act rights in exchange for advancing wages.
One such employer is tanker company OSG. The company is reportedly trying to get employees to give up their rights to a Jones Act claim, or a claim of unseaworthiness in exchange for what they call a Salary Continuation Plan. Under the Salary Continuation Plan, OSG agrees to pay a Jones act seamen 50% of his basic wages for two months, and all union...
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,...
Could Obama Executive Order Block Ransom Payments to Pirates?
Tuesday, June 15th, 2010
That's the billion-dollar question shipping companies seem to be asking after Pres. Barack Obama signed an executive order forbidding American companies from having financial dealings with offshore militant groups that threaten the peace and security of Somalia.
As a result of the order, the Treasury Department will have the authority to freeze the assets of individuals who are involved in piracy off the coast of Somalia. The U.S. Treasury Office of Foreign Assets Control has released a list of individuals and organizations in Somalia that it forbids American citizens from having any dealings with us.
The language of the...
Pres. Obama Tells Crewmember Families He Will Consider Lifting Drilling Moratorium
Sunday, June 13th, 2010
The family members of the workers killed in the Deepwater Horizon semisubmersible rig explosion, traveled to Washington this week to meet with Pres. Barack Obama. They had been especially invited by the White House, although the visit was tainted by allegations that the invitation to meet the president came far too late.
Chief on the agenda for the families of the 11 workers, was to tell the president that a catastrophe like this must never be allowed to happen again. These are the families that lost the most when the BP-operated oil rig exploded in the Gulf of Mexico on...
