Winter 2013/14 edition Bodily Injury News
In this issue of the journal of the Thomas Miller Americas' bodily injury team articles on Pollution and toxic torts, 5th Circuit on punitive damages and Pitfalls of termination of maintenance and cure.
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Legal Update: US - Supreme Court rules that punitive damages are not recoverable by seamen in unseaworthiness claims
A US seaman sued his employer/vessel owner for injuries suffered on board a dredge vessel, alleging various claims which included negligence under the US Jones Act
Washington state supreme court rules punitive damages are available in seamen’s general maritime law claim for unseaworthiness.
Washington state supreme court rules punitive damages are available in seamen's general maritime law claim for unseaworthiness.
In Adams v All Coast, No.
Hold Cleaning: the legal issues
The preparation of cargo holds for the next intended carriage is a critical operation which requires careful planning and execution; this article considers a number of legal issues which may arise, including terms commonly used in charterparties to describe the cleanliness of cargo holds, the consequences of failing to comply with such terms, potentially resulting in off-hire claims and damages, and the role of the independent surveyor.