Maritime Law’
Somali Pirate Pleads Guilty in Attack on U.S. Navy Ship
Wednesday, September 1st, 2010
This week, a Somali pirate pleaded guilty to charges arising from an attack earlier this year on a U.S. Navy ship off the coast of Africa.
Jama Idle Ibrahim faced several criminal charges arising from the attack, and this week, he pleaded guilty as part of a deal with prosecutors. Ibrahim had been accused of opening fire on the USS Ashland in the Gulf of Eden. There were six men on the pirate boat. The U.S. Navy vessel returned fire, killing one person and capturing the other pirates.
This week, Ibrahim pleaded guilty to attacking to plunder a vessel, use of...
Judge Throws out Piracy Charges against Somali Pirates
Monday, August 23rd, 2010
A US District Court judge has thrown out charges of piracy against a gang of six Somali men in an attack on the U.S. Navy vessel, USS Ashland this year.
The U.S. Navy ship was attacked off the Horn of Africa in April. The six were accused of opening fire on the vessel from a small stiff. The Navy vessel returned fire. One of the men was killed, and the stiff sank. All six men in the boat were captured.
Their lawyers argued that their actions did not amount to piracy, because they did not board the...
You Won’t Get Blacklisted If You Have a Legitimate Claim
Friday, August 20th, 2010
This is part of my continuing series on employees’ fears of getting blackballed or blacklisted if they file a claim against an employer, or file a complaint about workplace safety violations.
In my experience, concerns about getting blackballed or blacklisted in the industry if you file a maritime claim or complaint, may be overblown. However, this only applies if you have a legitimate complaint. If you have a legitimate claim, there's little chance that the employer will retaliate against you by blackballing you or blacklisting you.
Every day, workers file claims against maritime employers. Many of these claims are genuine, legitimate...
Maritime Workers Have Protection from Blackballing Tactics
Wednesday, August 18th, 2010
It is one of the biggest anxieties for a maritime worker - Will I be blackballed by my employer for filing an injury lawsuit against him, and what kind of protection do I have to resist such tactics?
The threat of being blackballed by an employer is a real, but not overwhelming one. It's natural for any employee to feel anxious that his employer will blackball him and blacklist him in the industry, so that he never finds work in the industry again. Maritime workers, who have been in the industry for decades, can't imagine doing any other kind of...
Say No to Corporate Immunity in Texas
Tuesday, August 3rd, 2010
If there ever was a right time to give the idea of tort reform in Texas a decent burial, this would be it. Those who are not convinced about the need to hold companies accountable when their recklessness causes injuries, fatalities and environmental catastrophes, will never be convinced, if they haven't by now. If you're not yet convinced that BP and other corporations like it need to be held accountable when 15 workers are killed in a fiery explosion at a Texas City refinery, or when 11 workers die in an oil rig explosion in the Gulf...
Louisiana Maritime Worker Files Whistleblower Lawsuit against Barge Company
Thursday, July 15th, 2010
Earlier this month, I blogged about a fatal accident involving a barge and fishing boat in Tennessee that killed two fishermen. The barge in that accident belonged to a company in Louisiana, called Seredino Inc. That accident was not the first involving the Chattanooga-based company. In June 2009, another man was killed in a similar accident involving a Seredino barge and a fishing boat.
A former employee of Seredino alleges that he was fired for refusing to remain silent about illegal activities that endangered the safety of the public. According to Kelly O'Connor, a former licensed boat pilot...
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....
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...
It’s Here: BP Oil Spill Reaches Texas
Tuesday, July 6th, 2010
It’s the news we've all been dreading. News reports are confirming that tar balls began washing up on beaches in Galveston and the Bolivar Peninsula over the holiday. Locals noticed tar balls on the beach and informed the authorities. The tar balls were tested by the US Coast Guard and the Texas Land Gen. Office. The testing has confirmed that the tar balls originated from the site of the MACONDO well, which was the site of the Deepwater Horizon explosion in April. With this, Texas becomes the fifth state to be affected by the BP oil spill.
However...
