Maritime Law’
BP Finds an Ally in Cruise Lobby
Tuesday, July 6th, 2010
It seems BP has an ally fighting in its corner in its opposition to the SPILL Act. Oil companies benefit greatly from the Death on the High Seas Act, which severely limits the kind of damages that survivors of persons who die at sea, can recover. The SPILL Act aims to remove those restrictions, helping families recover justice after the loss of their loved ones at sea. Families of workers on oil rigs, like those who died in the Deepwater Horizon explosion in the Gulf of Mexico, therefore have their options for financial compensation severely restricted.
There is yet another...
BP Wants Us All to Look at the Bright Side of Things
Monday, June 28th, 2010
Ever the eternal optimist, BP wants all of us, including maritime attorneys and fishing communities along the Gulf Coast, to look at the bright side of things. So what if 11 families have lost loved ones in the explosion, and fishing communities in Louisiana, Alabama and elsewhere are looking at the destruction of their livelihood? So what if the oil spill shows no signs of abating? BP will have you know there is a silver lining to find in this dark cloud.
According to the BP magazine, local non-fishing businesses like hotels, are actually prospering because...
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...
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...
BP Faces Criminal Probe
Wednesday, June 2nd, 2010
It was an announcement that offshore injury lawyers had been expecting. Yesterday, US Atty. Gen. Eric Holder announced that the federal administration would initiate civil and criminal investigations into the BP oil spill into the Gulf of Mexico. Atty. Gen. Holder made the announcement in New Orleans, and said that several agencies, including the Federal Bureau of Investigation would be involved in the probe.
The spill is now well past its 40th day, and there's still no end in sight. Almost every measure that BP has taken to plug the leak, has failed. Last week, the company...
Post Traumatic Stress Disorder Maritime Injury Claims from BP Oil Rig Explosion
Wednesday, May 26th, 2010
[caption id="attachment_2189" align="alignleft" width="300" caption="Transocean_explosion"][/caption]
A majority of the crew members on the Deepwater Horizon semisubmersible rig survived the explosion. However, these crew members have likely been left with severe trauma and anguish. Symptoms of Post Traumatic Stress Disorder can begin to develop soon after a person has survived a life-threatening experience. An explosion on an oil rig would definitely count as a life-threatening experience.
A person suffering from Post traumatic stress disorder may experience anxiety and flashbacks, and may continue to relive the event for days after. The person may exhibit avoidance behaviors, which means that he avoids...
Transocean to Make $1 Billion Dividend Payout to Shareholders
Thursday, May 20th, 2010
[caption id="attachment_2175" align="alignleft" width="300" caption="Deepwater_Horizon_explosion"][/caption]
It's nice to know that business is booming at Transocean. Barely a month after the devastating Gulf of Mexico oil rig explosion that killed 11 workers, the company announced at a meeting that it would pay its shareholders a total dividend of $1 billion this year. Last week, the company held a closed-door meeting at its office in Switzerland where the decision to make the dividend payout was made.
It's heartwarming to see that Transocean, the same company that rushed to limit its liability in the Deepwater Horizon rig explosion,...
