No Suit For You (Volume II)
How a Jones Act seafarer was barred from suing a London-based P&I insurer directly.
When Charterers are on the hook
Matthew Johnston explores three categories where charterers may face liability for a bodily injury incident and how those incidents might be handled.
Kristin Poling, Claims Executive, looks at the Eastern District of Louisiana's decision concerning an insurer's right to recoup maintenance and cure payments.
Preventing mooring line injuries
Damon Hartley looks at how mooring line incidents occur and the methods to prevent them
A Direct Order Can Cost in Court
Can a crewmember who sustains an injury while following the orders of a supervisor be held responsible for their own negligence in carrying out those orders? Rosa Ostrom, Schwabe, Williamson & Wyatt, and Jennifer Porter, the UK P&I Club, wade through the various jurisdictional takes on the Direct Order doctrine.
Dee O' Leary explains how a prompt and efficient investigation by Tom Nork, a partner at Holman, Fenwick and Willan, saved a foreign shipowner from a potential million-dollar claim
The UK Club would like to draw Members' attention to the latest alert from our local correspondent Venepandi C.A related to the navigational hazard in the internal waters of the Venezuelan Caribbean Sea, specifically to the vessels that are heading towards the ports of eastern Venezuela.
Just two months after the Ocean Shipping Reform Act of 2022 was introduced into Congress (see our previous article here), the Federal Maritime Committee (FMC) Fact Finding Final Report #29, Effects of Covid-19 Pandemic on the U.S
No Suit for You: U.S. Eleventh Circuit Prohibits Contribution Claims Against the U.S. Government for Oil Spill Cleanup Costs
Savage Servs. Corp. v. United States, Slip Op. No. 21-10745 (11th Cir. Feb. 8, 2022).
Great Lakes vessels trading is typically performed by dry bulk vessels that carry a variety of cargoes including ores, limestone, salt, cement, sand, grain, coal and gypsum. This article provides some insight into commercial shipping on the Great Lakes and some of what one might expect when transiting the area.
It is not always smooth sailing in the shipping industry
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.
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.
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.
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.
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.
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
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
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