The Longshore and Harbor Workers’ Compensation Act (“LHWCA”) and the Jones Act are the two statutory recovery schemes available to injured maritime workers. Under the Jones Act, a “seaman” is entitled to recover certain damages from his Jones Act employer. Under the LHWCA, a “longshoreman” recovers under a federally managed workers’ compensation program. The Jones
Ineffective Main Engine Control Leads to Dock Allision in Corpus Christi Bay
The oil tanker Riverside allided with a loading dock after a failed maneuver during its attempted exit of Corpus Christi Bay.
An allision occurs when a vessel in navigation strikes a stationary object, like a dock or a bridge. In the maritime world, allisions differ from collisions in that collisions involve two vessels striking each
The Regional Comprehensive Economic Partnership (RCEP): The Agreement that Promises to Reshape the International Trade Landscape
After several years of negotiation and political posturing, 15 countries signed the Regional Comprehensive Economic Partnership (RCEP) trade agreement on November 15, 2020. The RCEP includes several countries from the Southeast Asia and the Pacific region, including Australia, Brunei, Cambodia, China, Indonesia, Japan, Laos, Malaysia, Myanmar, New Zealand, Philippines, Singapore, South Korea, Thailand, and Vietnam.
Consequential Damages vs. Direct Damages – Where did it Flow From?
In an attempt to mitigate risk, most commercial contracts contain a provision limiting monetary recovery. The most common provision is a waiver of consequential damages. Despite the parties’ best intentions, whether a category of damages are considered direct damages or consequential damages is often determined on a case-by-case basis. Texas courts have provided the following
Be Careful How You Word Your Contracts and Complaints: 5th Circuit Silences “Prevailing Party” Fee Provision in JOA Dispute
The modern day contract is a direct result of trial and error. Generally speaking, transactional lawyers try to negotiate “bulletproof” contracts providing exactly what their client wants or needs. Despite their best efforts, litigators in later disputes try their level best to find the “errors” in those contracts that could benefit their client. Then the
U.S. Fifth Circuit’s New Doiron Test Finds P&A Contract to be Maritime, but What if the Work Occurred on the OCS?
Contractual indemnities are important and valuable in the oil patch. When they are enforceable, they have the potential to end litigation completely or at least the financial burden for a particularly well-positioned indemnitee. But, with “anti-indemnity” statutes in play in several jurisdictions (including Louisiana), the enforceability of these indemnity provisions rely (barring exceptions) on the