Court Holds Operator of Tug is “Operator” of Barge under Tow Pursuant to OPA 90

By Stephanie Veech United States v. Third Coast Towing, No. 3:16-CV-34-CWR-FKB, 2017 WL 4051766 (S.D. Miss. Sept. 12, 2017); No. 3:16-CV-34-CWR-FKB, 2017 U.S. Dist. LEXIS 147253 On January 27, 2013, a tug operated by Nature’s Way Marine was pushing two…

Ninth Circuit Diverges from Fifth on the Availability of Punitive Damages for Personal Injury of a Seaman in Unseaworthiness Claims – Creates Circuit Split

Ninth Circuit Diverges from Fifth on the Availability of Punitive Damages for Personal Injury of a Seaman in Unseaworthiness Claims – Creates Circuit Split Summary by Tyler Loga Christopher Batterton v. Dutra Group, No. 15-56775, D.C. No. 2:14-cv-07887-PJW, 2018 U.S….

Circuits Split on Punitive Damages for Seamen

Ninth Circuit Disagrees with Fifth Circuit – Writs to Supreme Court Inevitable Batterton v. Dutra Corp., 2018 U.S. App. LEXIS 1627 (9th Cir. Jan 23, 2018) The wait is over. The case was argued almost a year ago on February…

Fifth Circuit Address “Other Paper” for Removal Under 28 U.S.C. § 1446(b)(3)

Moore v. Huntington Ingalls, Inc., No. 17-30523 (Jan. 11, 2018) U.S. 5th Cir.). The plaintiff sued in state court for damages alleging he contracted mesothelioma while working at Avondale Shipyards. His deposition lasted 8days. Huntington received a link to the…

En Banc Fifth Circuit Attempts to Simplify Test for a Maritime Contract In Oil and Gas Operations

In re Larry Doiron, 2018 U.S. App. LEXIS 456 (5th Cir. Jan. 9, 2018). The jurisprudence of the Fifth Circuit to determine whether a contract for oil and gas operations on navigable waters is a maritime contract is not only complex…

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