QCR Autumn 2020: Sanchez v. Smart Fabricators, LLC – The U.S. Fifth Circuit Court of Appeals Analyzes Jones Act Seaman Status
U.S. Fifth Circuit Court of Appeals finds an injured welder to be a Jones Act seaman after distinguishing the facts of the case from those of an earlier Fifth Circuit decision.
In the recent decision of Sanchez v. Smart Fabricators of Texas LLC, (5th Cir. August 14, 2020) the U.S. Fifth Circuit Court of Appeals addressed the contours of Jones Act seaman status in reviewing a decision of the U.S. District Court for the Southern District of Texas. The district court had held that a welder who was injured when he tripped over a pipe on the deck of a jacked-up offshore drilling rig was not a Jones Act seaman based on its application of the Supreme Court’s two-pronged seaman status test. The Fifth Circuit disagreed with the lower court and reversed its decision based on earlier decisions examining seaman status.1
Please click here to read the full summary of the court’s decision.
1The Fifth Circuit had previously issued a decision holding that Sanchez was not a Jones Act seaman, however that decision was withdrawn.
Source Legal Services Manager
You may also be interested in:
As a result of legal challenges, the recent Executive Order setting forth restrictions on immigration to the U.S has been temporarily suspended.
QCR Autumn 2018: LOIs issued for discharge of cargo absent the original bills of lading - Whether obligations and rights contained in the LOIs are subject to the limitation provisions of the voyage charter
Glencore Agriculture BV v Navig8 Chemicals Pool Inc  EWCA Civ 1901 on August 21st, 2018
QCR Autumn 2020: The Chairman, Board of Trustees, Cochin Port Trust v M/S Arebee Star Maritime Agencies Pvt. Ltd. & Ors.
The Supreme Court of India decides that ports have to look to consignees and their agents - not shipowners and their agents - for storage and demurrage charges incurred in respect of uncollected/ abandoned cargo.