Navigating the Americas
The Thomas Miller Americas P&I team has authored a selection of P&I focused articles covering a range of current issues which are impacting the American regions.
If you would like to know more about any of the articles, or indeed a topic which has not been touched upon here, please don’t hesitate to make contact, our professionals in the New Jersey and San Francisco offices will be more than happy to help.
Relationships Matter: Harbor worker’s claim against vessel owner precluded under the LHWCA and the “Borrowed Servant” Doctrine
Given the limited time in port and the crews’ extra hours on duty for the inland transits, owners often look to repair vendors or local unions for extra assistance to keep the crew in compliance with STCW work hour requirements.
Inflated Medical Damages in California State Courts: A brief analysis of Howell v. Hamilton Meats and how to prevent “unreasonable” costs
In a costly new trend, California Plaintiffs’ attorneys are referring their personal injury clients to expensive, lien-based medical providers to skirt the California Supreme Court’s decision in Howell v Hamilton Meats which limits plaintiffs to recovering the actual amounts paid for medical treatment not the amounts billed.
Tyler Tanner of Hamilton, Miller & Birthisel and Noreen Arralde of Thomas Miller (Americas) explain why it is time to retire the Maintenance and Cure Jury Instructions.
This article reviews the general concepts of the 905(b) claim and how past decisions helped bring into focus some key issues related to shore-side workers’ claims against vessels.
US Juries Get to Determine Reasonable Medical Expenses in Maritime Cases Based on Billed Amounts and Actual Expenses Paid - Higgs v. Costa Crociere (11th Cir. 2020)
This case involved a cruise ship passenger who sued the a vessel owner for claimed injuries suffered when she alleged to have tripped over a cleaning bucket that had been left near a buffet line, causing her to break her arm.
There are so many legal, medical and other terms used when talking about rape and sexual assault, navigating the issue can be difficult and confusing, to say the least; this article reviews the definitions and examine the differences between sexual assault and sexual harassment.
White House Makes Enforcement of Rule Against Unjust Detention and demurrage Practices a Priority
The new order enables the FMC to “vigorously enforce the prohibition of unjust and unreasonable practices in the context of detention and demurrage pursuant to the Shipping Act, as clarified in “Interpretive Rule on Demurrage and Detention Under the Shipping Act,” 85 Fed.
Our Americas Members often deal with contracts of carriage subject to the US Carriage of Goods by Sea Act (“COGSA”) and the Harter Act, this article addresses some frequently asked questions.
In 1914, a single ship passed through the Panama Canal to little fanefare bringing to fruition a multinational effort that began 44 years prior, this article looks at the brief history of the canal and some claims considerations.
This article examines the outlook for offshore wind farms in the United States, including the two types of offshore wind farm, regulatory compliance and more.
Several factors, such as inadequate dredging, ice accumulation, or even scheduled lock maintenance, that impact one part of the system can create ripple effects throughout the maritime system as a whole, resulting in possible vessel damage or shipping bottlenecks.