Cruise Ship Law

Published By Lipcon, Margulies & Alsina, P.A.

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  • Injured sailor rescued at sea by cruise ship
  • Coast Guard Detains Cruise Ship
  • Cruise Ship Passengers Rescued After Fall From Princess Cruise Liner
  • Key residents points out hazards of taking a cruise in new book
  • Cruise Ship Crime Sparks Demands for Law
  • Only Bodies Found Under Capsized Ship
  • Woman alleges rape on ship
  • Hearings on "Cruise Ship Safety: Examining Potential Steps for Keeping Americans Safe at Sea"
  • Woman Brings Suit Against Carnival Cruise Line Over Rape
  • Kerry Demands Cruise Ship Safety for Passengers
  • Maritime attorney Charles Lipcon named 2008 SuperLawyer
  • Hearings on Cruise Ship Safety - Examining Potential Steps for Keeping Americans Safe at Sea
  • Dead sailor had no breathing gear
  • Cruise Lines And Medical Care
  • Florida #1 in Nation Again for Boating Accident Deaths
  • Sailing in Troubled Waters
  • Medical Care on Cruise Ships
  • A Million Dollars For Sea Hauler Victims
  • Cruise line pleads guilty in deadly blast
  • An injured worker's claim for vessel negligence against a third-party tortfeasor under 33 U.S.C.S. § 905(b) of the LHWCA failed because the worker was injured ashore while building a pontoon to move an offshore drilling rig that was moored in his employe
  • In a seaman's suit against a union for failing to fairly represent him after he was discharged for health reasons from working on a vessel, the union did not breach its duty of fair representation because it was not required to file a brief in support of
  • Under the Chandris rule, an injured worker whose job was to notify drilling rig movers of potential underwater hazards could not recover damages for negligence under the Jones Act, 46 U.S.C.S. § 30104(a), because he did not spend 30 percent of his time o
  • It was error to deny a cruise ship line's 735 Ill. Comp. Stat. Ann. 5/2-619(a)(9) (2006) motion to dismiss a passenger's negligence suit based on a forum selection clause because (1) a contract's physical characteristics reasonably communicated the clause
  • Commuter seaman was not entitled to receive maintenance and cure from barge owner under the Ship Owner's Liability Convention. Stipulated evidence that was presented at trial indicated that seaman was far more likely infected with the disease at night whi
  • In an action against the United States under the Suits in Admiralty Act, 46 U.S.C.S. § 30903, a cargo transport vessel was found to be unseaworthy and the employer liable under the Jones Act because it failed to carry insulin to treat a seaman afflicted
  • In a dispute over the payment of a seaman's medical bills, a hospital did not have standing to enforce a guarantee executed under 8 U.S.C.S. § 1283 because it was not an intended third-party beneficiary of such. Neither the hospital or any other medical
  • Plaintiff's motion for reconsideration of order vacating the process of maritime attachment was denied. Plaintiff argued the court's holding that the District of New Jersey was a convenient adjacent jurisdiction to Southern District of New York was wrong,
  • Plaintiffs' action against the owner of a ship was properly dismissed because the Fifth Amendment barred the exercise of personal jurisdiction; the ship owner could not be subjected to personal jurisdiction with respect to an unrelated suit merely because
  • When, during Limitation of Vessel Owner's Liability Act, 46 U.S.C.S. § 30501 et seq., proceeding, boat renter's primary insurer became insolvent, trial court wrongly agreed with guaranty association that leisure boat service's insurer became liable as
  • District court erred in dismissing salvage company's in rem admiralty action seeking arrest of vessel that sank in Lake Michigan for failure to give specific details about shipwreck location without first assuring continuance of federal jurisdiction over
  • Parties to voyage charter unambiguously structured relationship such that vessel owner was not party to voyage charter, and vessel owner was not bound by New York arbitration clause incorporated into bill of lading, given terms of New York arbitration
  • Cruise-industry giant Carnival challenges state's fuel-fee probe
  • Veteran Maritime Attorney Reveals Horrors That Occur Aboard Cruise Ships
  • When Adventure Tourism Kills
  • District court properly granted summary judgment to engineer in pier owner's action arising out of collapse of pier by upstream construction work because although pier insurer's transfer of subrogation rights to owner was permissible under state law, furt
  • Uberrimae fidei supported a marine insurer's request to rescind a marine insurance policy because the insured made material misrepresentations in the insurance policy application; the application requested the yacht's purchase price and the present insure
  • As 33 U.S.C.S. § 905(a) of the Longshore and Harbor Workers' Compensation Act, 33 U.S.C.S. § 901 et seq., preempted an employee's claim under Ohio law against his employer, alleging that the employer caused an injury through an intentional act committed
  • District court did not err in finding that towing company was not entitled to salvage award because vessel was not in a situation of reasonable apprehension of maritime peril where hurricane had already passed through the area, vessel was secured in marin
  • Where cruise ship passengers got sick aboard a cruise ship, a forum selection clause in the cruise contracts required that suit be brought in the federal district court in Washington. The passengers could not file suit in state court under the savings to
  • More Cruise Ship Crewmembers coming forward claiming Slavery
  • ANA Receives $447,095 Donation
  • Attorneys await ship staffer's release
  • Worker accuses Carnival of forced labor, slavery in lawsuit
  • Crew member accuses Carnival cruises of slavery
  • Crew Member Alleges She's Being Held Aboard As A Slave Carnival Glory
  • Unsafe On The High Seas On Sale At Amazon.com Now
  • Because of isolated and sporadic nature of calls made on US ports by defendants' vessels, lack of control defendants possessed over calls, and absence of other contacts with US in Asarco framework, defendants lacked requisite "continuous and systematic"
  • Administratrix could not recover from an employee and a staffing company for the death of her decedent at a shipbuilding company because LHWCA was exclusive remedy for decedent in relation to his employer and coworkers pursuant to 33 U.S.C.S. §§ 905(a).
  • In a maritime claim under the Shipowners' Liability Act, claimant's award for future pain and suffering had to be reduced to its present value. The Doca discount rate of two percent was a reasonable representation of the present value of the claimant's
  • Jury verdict in favor of deckhand on his claims under Jones Act and general maritime law was affirmed because even if the admission of the 2006 photographs was error, the admission did not alter the outcome of the trial because there were uncontested phot
  • A semi-submersible drilling rig under construction and on which the worker was injured, not yet put into navigation as an instrument of commerce, was not a vessel, thus, it was error to deny the employer summary judgment on the worker's Jones Act...
  • Cruise ship operator was entitled to summary judgment under Fed. R. Civ. P. 56 in a negligence action for injuries sustained during a shore excursion because operator had no duty to warn about obvious danger that dune buggies might be involved...
  • Unsafe On The High Seas' launches at The Collection
  • Cruise doctors not responsible for your health
  • How to Stay Safe on the High Seas
  • Cruise Lines Are Responsible For Care Provided By Ship Doctors: Travel Myth or Fact?
  • 20/20 - Charles Lipcon and Cruise Lines
  • Chance of Rape on Cruise Ship greater than on Land
  • NTSB blames captain, staff for ship accident
  • Maintenance Blamed in '03 Cruise Blast
  • The Morning Show With Mike and Juliet - Unsafe on the High Seas
  • IN A PERSONAL INJURY CASE INVOLVING COLLISION WITH A BARGE, MOTION FOR PARTIAL SUMMARY JUDGMENT FILED BY LIMITATION PETITIONERS WAS DENIED AND THE WIFE OF THE DECEASED WAS NOT JUDICIALLY ESTOPPED FROM ASSERTING A LOSS OF SUPPORT CLAIM BASED ON ASSERTIONS
  • A FISHING BOAT AND ITS CAPTAIN WERE PROPERLY GRANTED FED. R. CIV. P. 56(C) SUMMARY JUDGMENT IN A PASSENGER'S PERSONAL INJURY LAWSUIT BASED ON INJURIES INCURRED WHEN THE BOAT WAS STRUCK BY A "ROGUE" WAVE BECAUSE THERE WAS NO EVIDENCE THAT THE CAPTAIN'S RES
  • PETITION FOR WRIT OF MANDAMUS WAS DENIED AS COURT DID NOT ABUSE ITS DISCRETION WHEN IT REFUSED TO ENFORCE A VENUE-SELECTION AGREEMENT AS TEXAS LAW PROHIBITED PARTIES FROM CONTRACTING AWAY MANDATORY VENUE AND FORMER TEX. CIV. PRAC. & REM. CODE ANN. ¤ 15.0
  • WHERE FISHERMEN WORKED UNDER LAY SHARE CONTRACTS CONTRAVENING 46 U.S.C.S. ¤ 10601, A TRIAL COURT, IN APPLYING THE DOCTRINE OF LACHES, CORRECTLY CHOSE R.I. GEN. LAWS ¤ 28-14-20 AS THE MOST ANALOGOUS STATUTE OF LIMITATIONS AND BARRED CLAIMS OLDER THAN THR
  • TRIAL COURT ORDERS DISMISSING PASSENGERS' MARITIME PERSONAL INJURY ACTIONS WERE AFFIRMED BECAUSE THE FORUM-SELECTION CLAUSE IN FORM CONTRACTS A CRUISE LINE ISSUED TO THE PASSENGERS, WHICH DIRECTED THAT PASSENGER LAW SUITS ARISING OUT OF A PASSENGER'S CRUI
  • ILLINOIS WHISTLEBLOWER ACT, 740 ILL. COMP. STAT. 174/20, AND THE SEAMAN'S PROTECTION ACT, 46 U.S.C.S. ¤ 2114(A)(1)(A), WERE INAPPLICABLE TO A DECKHAND'S CLAIM THAT HE WAS FIRED FOR COMPLAINING THAT BARGE CREW MEMBERS WERE USING ILLEGAL DRUGS
  • Maritime lawyer Charles R. Lipcon publishes new book about the Cruise Industry
  • MOTION FOR SUMMARY JUDGMENT DENIED WHERE SHIPOWNER FAILED TO EXERCISE REASONABLE CARE BY CREATING A FORESEEABLE HAZARDOUS SITUATION. IN SUCH INSTANCES, A PLAINTIFF NEED NOT SHOW THAT THE SHIPOWNER HAD NOTICE OF THE HAZARD.
  • Because 46 C.F.R. § 92.25-5's three-course safety rail requirement applied to vessel and because vessel only had two-course rail, longshoreman established regulatory violation. Longshoreman belonged to class of beneficiaries and suffered injury of type..
  • The dismissal of a seaman's maritime negligence complaint against a tug boat owner was affirmed; the district court properly articulated the legal standard for negligence, properly admitted evidence of industry practices, customs, and norms as to what con
  • Release that seaman signed in favor of employer in exchange for $ 4,000 was properly found to be invalid where neither doctor nor employer informed seaman of his injuries, seaman had no legal representation when he executed release...
  • In a Jones Act seaman's suit to recover damages for injuries sustained while working as a deckhand for defendants, seaman's motion to sever his cure claim for an expedited trial was granted; seaman had not reached maximum medical improvement...
  • Crew members had a valid lien on proceeds from sale of vessel for unpaid tips. Trustee assumed and continued operation of vessel until its arrest for benefit of bankruptcy estate, and, in so doing, trustee stepped into shoes of vessel owner...
  • Trial court properly found for an employee in a case under the Jones Act, 46 U.S.C.S. § 688, because there was sufficient testimony concerning the seriousness of her injuries and there was testimony establishing that the lighting in the area ...
  • Crew member, who was working on his employer's vessel and was allegedly injured when he threw a pump onto another owner's distressed vessel, could bring a claim for unseaworthiness against the other vessel owner
  • TUGBOAT CAPTAIN WAS FOUND NEGLIGENT BASED ON THE PENNSYLVANIA RULE AND THE LAST CLEAR CHANCE DOCTRINE due, in part, to the tugboat's CREATION OF AN EXCESSIVE WAKE WHICH CAUSED THE DECEDENT'S VESSEL TO CAPSIZE.
  • Under the Limitation of Vessel Owner's Liability Act, court granted a tug owner partial summary judgment against bridge owner after the tug collided with bridge where the bridge owner could not establish the tug's unseaworthiness or negligence of tug's ca
  • Seaman, who worked as a bedroom/galley hand on vessels operated by his employer, was entitled, in accordance with the Jones Act, to maintenance and cure, damages for pain and suffering, and damages for economic losses where he was injured in transport bet
  • Seaman's motion under Fed. R. Civ. P. 60(b) was improperly denied without evidentiary hearing after his Jones Act case was dismissed pursuant to a purported settlement. The record did not indicate that seaman had an informed understanding of his rights un
  • District court did not err in finding that yacht owners were entitled to exoneration under 46 U.S.C.S. § 30505 in connection with damage sustained by dock when yacht broke free from its anchorage during a hurricane where owners showed that damage could n
  • The estate of a decedent was limited to recovery of only pecuniary losses as a matter of law against the manufacturer of a vessel that sank, killing the decedent, because the estate expressly premised its claim on 46 U.S.C.S. § 30104(a) as the decedent w
  • No Love (for the Sick) Boats
  • Health Blog : No Love (for the Sick) Boats
  • Charles R. Lipcon interviewed on BBC Radio
  • ALTHOUGH DISTRICT COURT ARTICULATED CORRECT STANDARD TO DETERMINE WHETHER AN ARRESTING PARTY WAS ENTITLED TO A WARRANT OF ARREST, IT IMPROPERLY TURNED SUPP. R. CERTAIN ADM. & MAR. CL. E(4)(F) HEARING INTO A MINI-TRIAL AND POSED A MUCH HIGHER BURDEN THAN W
  • THE VOYAGE REQUIREMENTS IN 46 U.S.C.S. §§ 10301, 10501, APPLIED TO SEAMEN ON BOTH AMERICAN AND FOREIGN VESSELS WHO SOUGHT PENALTY WAGES UNDER 46 U.S.C.S. §§ 10313, 10504, THUS, SUMMARY JUDGMENT TO THE ALLEGED SHIP OWNER ON THE SEAMAN'S PENALTY WAGE CL
  • CRANE OPERATOR'S NEGLIGENCE ACTION WAS PROPERLY DISMISSED FOR LACK OF ADMIRALTY JURISDICTION UNDER FED. R. CIV. P. 9(H) AND 28 U.S.C.S. § 1333(1) BECAUSE OPERATOR WAS WALKING A CRANE ON A DOCK WITH NO VESSELS ON OR NEAR DOCK AT THE TIME OF INCIDENT. THUS
  • EVIDENCE THAT A DECEDENT SPENT 32 PERCENT OF HIS TIME PERFORMING MARINE WORK FOR HIS EMPLOYER IN CONJUNCTION WITH HIS JOB DESCRIPTION, THE SKILLS HE WAS EXPECTED TO PERFORM, AND THE ACTUAL TASK PERFORMED AT THE TIME OF HIS DEATH ESTABLISHED THAT THE DECED
  • COURT DENIED MOTION BY PROVIDER OF MILITARY ENTITIES TO VACATE EX PARTE ORDER SERVED BY BUNKER SUPPLIER DIRECTING ATTACHMENT UNDER SUPP. R. CERTAIN ADM. & MAR. CL. B. CONTRACT FOR FURNISHING FUEL TO VESSEL QUALIFIED AS MARITIME CONTRACT SUCH THAT ADMIRALT
  • SUMMARY JUDGMENT IN FAVOR OF EMPLOYEE REGARDING MAINTENANCE RATE WAS REVERSED BECAUSE THE MAINTENANCE RATES, LIKE ANY OTHER BENEFIT THAT WAS THE ULTIMATE RESULT FROM GIVE AND TAKE COLLECTIVE BARGAINING BETWEEN PARTIES, SHOULD BE BINDING ON THEM. THEREFORE
  • A TRIAL COURT PROPERLY GRANTED A VESSEL OWNER SUMMARY JUDGMENT ON A CAPTAIN'S NEGLIGENCE CLAIM UNDER THE JONES ACT WHERE NOTHING INDICATED THAT THE VERBAL CONFRONTATIONS BETWEEN THE CAPTAIN AND A DECKHAND PLACED THE CAPTAIN IN REASONABLE APPREHENSION OF P
  • EMPLOYEE WHO HAD A CLAIM AGAINST THE DEBTOR FOR AN INJURY SUSTAINED WHILE ON BOARD THE DEBTOR'S VESSEL WAS ALLOWED TO FILE A LATE CLAIM PURSUANT TO FED. R. BANKR. P. 9006 BECAUSE THE EMPLOYEE PRESENTED LEGITIMATE REASONS FOR DELAYING THE FILING OF THE CLA
  • WHERE AN EMPLOYEE ALLEGEDLY WAS INJURED WHILE WORKING AS A PILE DRIVER ON A BARGE, A JURY DID NOT ERR IN FINDING THAT HE WAS NOT A JONES ACT SEAMAN, BECAUSE, INTER ALIA, ONLY 16% OF HIS WORK WAS PERFORMED ON "WATER," ALL THE VESSELS ON WHICH HE WORKED WER
  • PLAINTIFFS WERE ENTITLED TO SUMMARY JUDGMENT ON LIABILITY BASED ON APPLICATION OF "THE PENNSYLVANIA RULE," WHERE FLORIDA STATUTES REGARDING RECREATIONAL BOATING SAFETY WERE VIOLATED.
  • Grocer's fall called accident
  • Sparring over crime at sea
  • "Miami Vice" Lawsuit Settled
  • Man Killed In Freak Boating Accident
  • Pilot in fatal helicopter crash in fair condition
  • Report shows cruise-related spending up 9 percent in 2006
  • Father Files Suit In Deadly Parasail Accident
  • NGC Settles First Strikes Lawsuit
  • IN A SUIT ARISING FROM A DECEDENT'S EXPOSURE TO ASBESTOS, A DAMAGES AWARD IN FAVOR OF HIS ESTATE WAS NOT EXCESSIVE, AND WAS PROPERLY BASED ON GENERAL MARITIME, AND NOT VIRGINIA LAW. FURTHER, GIVEN THE FAILURE BY THE DECEDENT'S EMPLOYER TO COMPLY WITH VIRG
  • JUDGMENT IN FAVOR OF THE CLAIMANT ON HIS JONES ACT CLAIM AND CLAIM THAT THE BARGE WAS UNSEAWORTHY, WAS AFFIRMED BECAUSE THE ANGLE IRONS POSED A REASONABLY FORESEEABLE DANGER, AND THE FINDER OF FACT COULD FIND THAT IT WAS UNREASONABLE TO LEAVE THE ANGLE IR
  • IN A CASE IN WHICH A SEAMAN SUED THE WASHINGTON STATE FERRIES (WSF) AFTER HE WAS ATTACKED AND SERIOUSLY INJURED BY AN INTOXICATED PASSENGER, THE TRIAL COURT ERRED IN NARROWLY CONSTRUING WSF'S DUTY TO PROTECT ITS CREW MEMBERS FROM AN INTOXICATED PASSENGER
  • BECAUSE NO REASONABLE JURY COULD HAVE FOUND THAT THE AUTHORITY UNREASONABLY WITHHELD MAINTENANCE AND CURE AND THE JURY'S VERDICT WAS SUPPORTED BY THE EVIDENCE, INTER ALIA, THE DISTRICT COURT'S JUDGMENT IN FAVOR OF THE RIVER AND BAY AUTHORITY ON THE WORKER
  • GENERAL DAMAGES AWARD OF $750,000 FOR SEAMAN WHOSE FOOT WAS CRUSHED WAS EXCESSIVE UNDER MAXIMUM RECOVERY RULE AS IT WAS MORE THAN 133% OF HIGHEST RECOVERY HAD IN LOUISIANA FOR SIMILAR INJURY. EMPLOYER WAS REQUIRED TO PAY MAINTENANCE AND CURE FOR UNCERTAIN
  • Ocala-area teen in Pompano parasail accident dies
  • Parasailing accident that claimed teen's life is probed
  • Family, Senator Push For New Parasail Laws
  • IMB Weekly Piracy Report
  • Fatal accident prompts some parasailing operators to call for regulation
  • Funeral Arrangements Underway For Parasail Teen
  • Arctic ice fall “injures 14 tourists”
  • Florida leads nation in boating fatalities
  • Case of the Sick Child at Sea
  • TUGBOAT OWNER WAS PROPERLY EXONERATED UNDER THE FORMER LIMITATION OF SHIPOWNER'S LIABILITY ACT FROM LIABILITY ARISING FROM A COLLISION BETWEEN THE TUG AND A SHIP; THE RECORD SUPPORTED A FINDING THAT THE PILOTING OF THE TUG WAS NOT NEGLIGENT AND THAT THE S
  • A DISTRICT COURT'S DISMISSAL OF A MARINE COMPANY'S THIRD PARTY DEMAND WAS AFFIRMED SINCE A WORKER'S SUIT AGAINST THE MARINE COMPANY, ALLEGING VESSEL NEGLIGENCE UNDER 33 U.S.C.S. § 905(B) DID NOT TRIGGER 33 U.S.C.S. § 905(C) BECAUSE THE INDEMNITY AGREEME
  • WHERE A TOWING COMPANY SOUGHT TO LIMIT ITS LIABILITY FROM A BOATING COLLISION PURSUANT TO 46 U.S.C.S. § 30505, THE DISTRICT COURT DID NOT ABUSE ITS DISCRETION IN LIFTING A STAY OF THE CLAIMANTS' STATE COURT ACTIONS BECAUSE THE CLAIMANTS' STIPULATIONS ADE
  • TRIAL COURT IMPROPERLY FOUND AS A MATTER OF LAW THAT A MARITIME SERVICES CONTRACT EXISTED BETWEEN AN EMPLOYER AND A YACHT CLUB BECAUSE NO SHOWING WAS MADE THAT THE WATERFRONT IMPROVEMENT CONTRACT BORE ANY RELATION TO MARITIME COMMERCE OR TO A SHIP, NAVIGA
  • MAGISTRATE CORRECTLY APPLIED SUMMARY JUDGMENT STANDARD WITH THE ADDITIONAL FLEXIBILITY AFFORDED BY EXERCISING ADMIRALTY JURISDICTION AND GRANTED, IN PART, AN INJURED SEAMAN'S MOTION TO COMPEL THE TOWING COMPANIES TO ADJUST THE PAYMENT OF MAINTENANCE TO IN
  • THE ELEVENTH CIRCUIT AFFIRMED ITS' PRIOR RULING IN HINES, WHICH PERMITS A SEAMAN TO RECOVER PUNITIVE DAMAGES WHEN AN EMPLOYER ARBITRARILY AND WILLFULLY REFUSES TO PAY MAINTENANCE AND CURE.
  • OIA may get beefed-up security
  • Four hurt in boating accident
  • Coast Guard: Drunk Man Jumps Off Cruise Ship
  • Boater 101 could save lives
  • Authorities promise crackdown on personal watercraft in Palm Beach County
  • One dead in Carrabelle boating mishap
  • FWC publishes boating accident stats
  • Charles R. Lipcon Receives Award
  • THE WORKERS' COMPENSATION REVIEW BOARD ERRED BY AFFIRMING THE DISMISSAL OF A HARBOR WORKER'S CLAIM FOR BENEFITS UNDER THE WORKERS' COMPENSATION ACT, CONN. GEN. STAT. § 31-275 ET SEQ., AS THE STATE HAD CONCURRENT JURISDICTION WITH THE FEDERAL GOVERNMENT U
  • MARINE TRANSPORTATION COMPANY WAS PROPERLY GRANTED SUMMARY JUDGMENT IN AN ACTION FOR INJURIES UNDER JONES ACT AND LHWCA BECAUSE CLAIMANT WAS NOT A JONES ACT SEAMAN AND WAS INDEPENDENT CONTRACTOR FOR "ONE-SHOT" JOB AT TIME OF INJURY. COMPANY WAS NOT LIABLE
  • DISTRICT COURT ERRED IN FINDING THAT PLAINTIFF'S CONTAINER SHIP WAS THE SOLE CAUSE OF THE COLLISION IN THE ENGLISH CHANNEL; ALL THREE VESSELS COMMITTED VIOLATIONS OF THE CONVENTION ON THE INT'L REG. FOR PREVENTING COLLISION AT SEA, OCT. 20, 1972, 28 U.S.T
  • BECAUSE THE SEAMAN CHOSE TO MAKE A DELIVERY ALONE AT NIGHT, THEN KEPT WATCH OVERNIGHT AFTER RUNNING INTO A SAND BAR, AND NOTHING SHOWED THE EMPLOYER REQUESTED OR KNEW OF THE NIGHT RUN OR THE SAND BAR INCIDENT, THERE WAS NO VIOLATION OF 46 U.S.C.S. § 8104
  • BECAUSE THE SURVIVING SPOUSES' DOHSA CLAIMS WERE MARITIME CLAIMS, POST JUDGMENT INTEREST ON THEIR JUDGMENTS WAS TO BE CALCULATED PURSUANT TO FEDERAL LAW UNDER 28 U.S.C.S. § 1961; THEREFORE, THE TRIAL COURT PROPERLY APPLIED THE FEDERAL POST JUDGMENT INTER
  • ALTHOUGH APPELLEE AGREED THAT, AS ROUSTABOUT, GENERAL DUTIES INCLUDED LIFTING, AND APPELLANT PRESENTED CONFLICTING EVIDENCE ON ISSUES OF WEIGHT AND CONFIGURATION OF LOAD AND REASONABLENESS AND SCOPE OF SUPERVISOR'S INSTRUCTION TO LIFT IT, APPELLEE PRESENT
  • IN MAINTENANCE AND CURE SUIT, SHIPOWNERS' LIABILITY CONVENTION OF 1936 DID NOT PROHIBIT DISTRICT COURT FROM ENFORCING CLAUSE DESIGNATING HONDURAS AS FORUM FOR DISPUTES BETWEEN SEAMAN AND EMPLOYER, BUT DISTRICT COURT HAD TO CONSIDER WHETHER ENFORCEMENT OF
  • Differing accounts delay Picton Castle probe
  • Ship Aground Off Greenland, 54 Evacuated
  • Shanghai ship collision injures 23 tourists
  • Kin ‘in shock’ after son dies in fall aboard cruise ship
  • Report into fatal cruise accident
  • Six injured after bus hits cruise ship passengers at Port Everglades
  • DISMISSAL OF MARITIME NEGLIGENCE ACTION WAS AFFIRMED BECAUSE THE NATIONAL OCEANIC AND ATMOSPHERIC ASSOCIATION CHART FOR THE BAY CLEARLY NOTED THE LOCATION OF THE POWER LINES AND THEIR CLEARANCE OF 30 FEET ABOVE THE CONFLUENCE OF THE BAY AND LAGOON, AND TH
  • SUMMARY JUDGMENT AGAINST THE WAGE CLAIMANTS' CLAIM FOR DOUBLE WAGES UNDER 46 U.S.C.S. � 10313(G) WAS AFFIRMED. RECORD WAS DEVOID OF EVIDENCE THAT EVEN A SINGLE WAGE CLAIMANT MET STATUTORY REQUIREMENTS FOR DOUBLE WAGES. EACH OF THE WAGE CLAIMANTS' AFFIDA
  • BECAUSE PETITIONER DID NOT DISPUTE THAT HIS WORK CONTRIBUTED TO THE FUNCTION OF A VESSEL, THE COURT MOVED TO THE SECOND PART OF THE TEST. GIVEN THE ABSENCE OF SUBSTANTIAL EVIDENCE SHOWING THAT PETITIONER'S JOB FUNDAMENTALLY CHANGED IN THE MONTHS DIRECTLY
  • WRONGFUL DEATH SUIT BY NON-DEPENDENT PARENTS OF DECEASED LONGSHOREMAN, WHICH SOUGHT DAMAGES FOR LOSS OF SOCIETY, WAS PROPERLY DISMISSED BECAUSE NONPECUNIARY DAMAGES WERE AVAILABLE ONLY TO DEPENDENT SURVIVING PARENTS; THE DECEDENT'S EMPLOYER WAS GRANTED SU
  • A TRIAL COURT ABUSED ITS DISCRETION BY CERTIFYING A PUTATIVE CLASS OF BIDDERS IN A FRAUD SUIT AGAINST CRUISE SHIP ART AUCTIONEERS BECAUSE ADMIRALTY JURISDICTION APPLIED AND COMMON QUESTIONS OF LAW DID NOT PREDOMINATE OVER INDIVIDUAL QUESTIONS OF LAW SINCE
  • DISTRICT COURT'S DISMISSAL OF THE CASE FOR LACK OF SUBJECT MATTER JURISDICTION WAS REVERSED BECAUSE THE RELEVANT ACTIVITY GIVING RISE TO THE ASSAULT OF THE SEAMAN BY THE EMPLOYER WAS THE FAILURE TO PAY WAGES FOR MARITIME SERVICES PERFORMED ABOARD A COMMER
  • A FEDERAL DISTRICT COURT PROPERLY DISMISSED A CRUISE SHIP STATEROOM ATTENDANT'S SUIT FOR UNPAID WAGES UNDER THE SEAMAN'S WAGE ACT BECAUSE THE CONVENTION ON THE RECOGNITION AND ENFORCEMENT OF FOREIGN ARBITRAL AWARDS REQUIRED MANDATORY ARBITRATION OF THE CL
  • How safe is cruising?
  • Fox 11 Ten O'Clock News - Cruise Ship Industry Trying to Clean Up Image
  • Thirteen injured as wave pounds ship in France
  • 1 killed in Greek cruise ship accident
  • Cruise Ship Runs Aground Off Alaska
  • Cruise crime victims seek industry help
  • Sea Diamond black box heading for US
  • DEFENDANT SHIP'S PHYSICIAN DISMISSED FOR LACK OF PERSONAL JURISDICTION BECAUSE THE ALLEGED MEDICAL MALPRACTICE DID NOT OCCUR WITHIN THE TERRITORIAL WATERS OF FLORIDA; THE FORUM SELECTION CLAUSE DID NOT APPLY TO THE PLAINTIFF'S CLAIMS; AND THE ALLEGED ACTS
  • DENIAL OF MOTION FOR SUMMARY JUDGMENT THAT PLAINTIFF WAS NOT A SEAMAN BECAUSE SEAMAN STATUS IS A QUESTION OF FACT TO BE DECIDED DURING THE TRIAL; GRANT OF MOTION FOR PARTIAL SUMMARY JUDGMENT AGAINST PLAINTIFF'S CLAIMS FOR NON PECUNIARY DAMAGES BECAUSE THE
  • THE TRIAL COURT'S GRANT OF SUMMARY JUDGMENT TO THE MARINA WAS REVERSED BECAUSE THE LEASE'S LIMITATION OF LIABILITY PROVISION DID NOT CLEARLY AND UNEQUIVOCALLY DISCLAIM THE MARINA'S LIABILITY FOR DAMAGE CAUSED BY ITS OWN NEGLIGENCE AND THE MARINA DID NOT P
  • PLAINTIFF, EMPLOYED AS ROUSTABOUT, DID NOT POINT TO EVIDENCE SUPPORTING FINDING DUTY TO INTERVENE UNDER 33 U.S.C.S. � 905(B); OBSTRUCTED WALKWAY WAS WHOLLY CREATED BY PERSONNEL OF PLAINTIFF'S EMPLOYER, WAS WITHIN ROUSTABOUTS' WORK AREA AND OPEN AND OBVI
  • IN A CONSOLIDATED APPEAL OF TWO CASES BROUGHT UNDER THE JONES ACT, THE APPEAL AS TO ONE EMPLOYEE WAS DISMISSED BECAUSE THE COURT LACKED JURISDICTION; IN THE OTHER CASE, THE DISTRICT COURT'S ENTRY OF SUMMARY JUDGMENT IN FAVOR OF A DRILLING COMPANY WAS AFFI
  • WHERE EMPLOYER SOUGHT TO CREDIT A SETTLEMENT COVERING EMPLOYEE'S AND WIFE'S STATE LAW CLAIMS FOR DISABILITY AND DEATH BENEFITS AGAINST WIFE'S AWARD OF DEATH BENEFITS UNDER LHWCA, 33 U.S.C.S. � 903(E) LIMITED THE CREDIT TO SETTLEMENT FUNDS DIRECTED TOWAR
  • DISTRICT COURT DID NOT CLEARLY ERR IN FINDING THAT OWNER'S TWO BARGES BROKE LOOSE AND DAMAGED SHORE SIDE RESTAURANT, AS TWO WITNESSES TESTIFIED THAT THEY SAW BARGES FLOATING BY AND LATER SAW THEM IN FRONT OF RESTAURANT, AND ACT OF GOD DEFENSE WAS INAPPLIC
  • Cruise SOS - Dangers at Sea
  • Temecula couple doesn't let ship sinking deter them from vacation, cruises
  • Sea Diamond captain testifies
  • Lessons from a sinking ship
  • Cruise ship fire report released
  • Cruise Ship Sinking Blamed on Human Error
  • Greek cruise ship's personnel face negligence charges over sinking
  • Miami Students Aboard Greek Cruise Ship That Sank
  • 13-year-old girl hospitalized in Miami after 5-story fall on cruise ship
  • Who do they think they are kidding?
  • Filipino sailor killed, 4 injured in Greek cruiser accident
  • Senators back ocean rangers
  • Cruise Ship caught in a Cyclone
  • Cruise Ship Diver a Cadet
  • APPLYING ERIE PRINCIPLES TO CASE THAT WAS REMOVED UNDER 28 U.S.C.S. § 1441(B), COURT HELD THAT PREJUDGMENT INTEREST, WHICH WAS A SUBSTANTIVE ISSUE, WAS GOVERNED BY STATE LAW; THERE WAS NO FEDERAL PREEMPTION AS NO ACT OF CONGRESS PROHIBITED RECOVERY FOR E
  • IN A CASE BROUGHT UNDER § 905(B) OF THE LHWCA, IN THE VESSEL OWNERS SOUGHT SUMMARY JUDGMENT, ARGUING THAT THE WORKER WAS UNABLE TO PROVE THAT THEY OWED A LEGAL DUTY TO PROTECT HIM FROM THE INJURY HE ALLEGEDLY SUFFERED, THAT MOTION WAS DENIED BECAUSE THER
  • BECAUSE OF TRIABLE ISSUES REGARDING WHETHER A HUSBAND WAS A DE FACTO OWNER OF A BOAT UNDER NAVIGATION LAW § 48 AND WHETHER A REPAIRMAN HAD BEEN PROPERLY INFORMED OF THE BOAT'S ALLEGED MISALIGNMENT PROBLEMS, THE TRIAL COURT ERRED IN GRANTING THE OWNERS' M
  • DISTRICT COURT PROPERLY ENTERED JUDGMENT FOR FIRED TOW-BOAT OPERATOR ON HIS 46 U.S.C.S. § 2114(A)(1)(B) WRONGFUL TERMINATION CLAIM. EVIDENCE SHOWED THAT EMPLOYER HAD IMPLICITLY ORDERED OPERATOR TO PERFORM DUTIES THAT OPERATOR BELIEVED WERE UNSAFE. SECTIO
  • IN A NEGLIGENCE ACTION ARISING OUT OF A MOTOR VEHICLE COLLISION IN WHICH A CREW MEMBER WAS INJURED, THE NONRESIDENT OWNER AND MANAGERS OF A VESSEL WERE NOT SUBJECT TO PERSONAL JURISDICTION BECAUSE THE VESSEL'S CALLS TO PORTS IN TEXAS WERE INSUFFICIENT TO
  • JUDGMENT FINDING BOATER NEGLIGENT BASED ON FAILURE TO PASS FROM PORT TO PORT IN VIOLATION OF CONNECTICUT LAW WAS AFFIRMED ON OTHER GROUNDS, ALTHOUGH IT WAS ERROR TO BASE NEGLIGENCE FINDING ON FAILURE SINCE COMPLAINT DID NOT MENTION THE CONNECTICUT LAW, OR
  • SUMMARY JUDGMENT WAS REVERSED AND REMANDED BECAUSE IT WAS NOT CLEAR THAT THE CHARTER AGREEMENT EXPRESSED IN CLEAR AND UNEQUIVOCAL TERMS THAT THE BOAT OWNER AND BOAT COMPANY WERE ENTITLED TO INDEMNIFICATION FOR UNSEAWORTHINESS CLAIMS SINCE A STATEMENT TO T
  • PLAINTIFF'S CLAIM, SEEKING DAMAGES FOR INJURIES SUSTAINED DURING SHOOTING UNDER NEGLIGENCE THEORY FOR EMPLOYEE'S ASSAULT, FAILED UNDER GENERAL MARITIME LAW. ASSUMING THAT DEFENDANTS OWED PLAINTIFF DUTY OF REASONABLE CARE, THERE WAS NO EVIDENCE THAT DEFEND
  • ALTHOUGH LAUNCH OPERATORS' DUTIES OF SHUTTLING PILOTS TO BOATS AND MONITORING RADIO CONSTITUTED SEAMEN'S WORK UNDER FSLA, MANY OF THEIR HANDYMAN DUTIES DID NOT. BECAUSE EVIDENCE WAS CONFLICTING AS TO HOW MUCH TIME OPERATORS SPENT ON EACH DUTY, SUMMARY JUD
  • Bomb Hoax Forces Cruise Ship Evacuation
  • More Cruise Passengers Overboard
  • Wading in Murky Waters
  • Congressional Hearing Requested by Congresswoman Matsui Exposes Cruise Industry’s Lax Responses to Crimes Committed Onboard its Ships
  • Cruise ship crime 'low priority'
  • Congress Revisits Cruise Crimes - Lawmakers want to know whether the industry accurately reports statistics
  • Man who Plunged off Cruise Ship Found Alive in Waters off Fort Lauderdale
  • Cruise Passenger Overboard - Ship Fails to Rescue Him
  • Because Vessel Was "Thrill Ride" Vessel Available For Customers Who Willingly Went For A Ride, Boat Trip On Which Passenger Was Injured Did Not Involve "Transporting Passengers," And 46 U.S.C.S. App. § 183c(A) Did Not Apply. In Passenger's Negligence Act
  • While Evidence Was Sufficient To Find An Employer Liable For Negligence Under The Jones Act, A New Trial On Damages Was Ordered Because The Expert Report On Which It Was Based Lacked A Proper Foundation Under The Federal Rules Of Evidence In That The Expe
  • A District Court Was Allowed To Dispose Of A Foreign Company's Negligent Misrepresentation Action By A Forum Non Conveniens Dismissal, Bypassing Questions Of Subject-Matter And Personal Jurisdiction, As Considerations Of Convenience, Fairness, And Judicia
  • Summary Judgment For An Employer Was Reversed As To A Negligent Aggravation Claim As An Employer Could Be Liable Even If It Was Not Aware That Its Conduct Was Causing Or Contributing To The Employee's Injury. Moreover, The Employer Knew That Its Conduct W
  • Charterer's Motion Under Supp. R. Certain Adm. & Mar. Cl. E(4)(F) For An Order Vacating A Maritime Attachment Was Granted As Owner Had Not Carried Its Burden Of Showing That At The Time Of The Attachment It Had A Valid Maritime Claim Against Charterer Bec
  • The Entry Of Summary Judgment In Favor Of Seaman In A Negligence Case Brought Under The Jones Act Was Affirmed Because Even If The District Court Erred In Designating The Litigation As An Admiralty Or Maritime Claim And Striking The Jury Demand, A New Tri
  • Claim Brought By A Former Employee, A Tugboat Deckhand, Against An Employer Under The Illinois Whistleblower Act Was Preempted By 46 U.S.C.S. § 2114 Based On Uniformity Concerns; A Common Law Retaliatory Discharge Claim Was Not Preempted By § 2114 But W
  • Carnival CEO says Cruise Industry Facing Obstacles
  • American cruise passenger, 70, snaps mugger's neck in Costa Rica
  • Port Elizabeth Woman Tells of Rape Ordeal on Luxury Liner
  • PE woman tells of rape ordeal on luxury liner
  • Are Cruises Liable for Doctors?
  • Court Rules Cruise Line not Responsible for Misdiagnosis by Ship's Doctor
  • Cruise Ship Crash Triggers Fears of Death
  • IN A CASE WHERE AN INJURED PARTY SUFFERED A FALL DURING A TRANSPORT FROM A VESSEL TO A FIXED PLATFORM, THE OUTER CONTINENTAL SHELF LANDS ACT, 43 U.S.C.S. § 1331, DID NOT APPLY WHERE THE EVIDENCE SHOWED THAT THE INJURED PARTY NEVER MADE IT TO THE PLATFORM
  • SECTION 29 U.S.C.S. § 213(B) OF THE FAIR LABOR STANDARDS ACT OF 1938 (FLSA) APPLIED TO A PUTATIVE CLASS OF FOREIGN SEAMEN WORKING ON A FOREIGN-FLAG VESSEL OPERATING IN THE GULF OF MEXICO; A GENUINE ISSUE OF FACT EXISTED AS TO WHETHER THE VESSEL WAS OWNED
  • AN INDEMNIFICATION CLAIM THAT A CARRIER FILED AGAINST A STEVEDORE WITHIN THE THREE-YEAR LIMITATIONS PERIOD SET FOR IN A STEVEDORING CONTRACT BETWEEN THE CARRIER AND THE STEVEDORE WAS TIMELY BECAUSE A ONE-YEAR LIMITATIONS PERIOD THAT WAS SET FORTH IN A BIL
  • A SHIP CHARTERER'S MOTION TO VACATE A MARITIME ATTACHMENT ORDER WAS GRANTED. PLAINTIFF'S INDEMNITY CLAIM AGAINST CHARTERER WAS NOT RIPE BECAUSE IT HAD NOT YET BEEN ORDERED TO PAY DAMAGES TO VESSEL OWNER. PLAINTIFF DID NOT HAVE VALID PRIMA FACIE ADMIRALTY
  • UNDER RHODE ISLAND STATE LAW, WHICH APPLIED A THREE-YEAR PERIOD FOR WAGE CLAIMS, CLAIMS FOR STATUTORY DAMAGES UNDER 46 U.S.C.S. § 11107 ON THE GROUNDS THAT THE OWNERS FAILED TO PROVIDE THEM WITH WRITTEN WAGE AGREEMENTS, AS REQUIRED BY 46 U.S.C.S. § 1060
  • IN A JONES ACT CASE, AN EMPLOYEE WAS A SEAMAN WHILE THE DREDGE TO WHICH HE HAD BEEN ASSIGNED WAS UNDERGOING REPAIRS BECAUSE HIS BASIC ASSIGNMENT DID NOT CHANGE WHEN HE WORKED AT THE REPAIR FACILITY; HE CONTRIBUTED TO THE FUNCTION OF THE DREDGE BY REPAIRIN
  • SUMMARY JUDGMENT FOR EMPLOYER/VESSEL OWNER WAS IMPROPER IN PERSONAL INJURY ACTION BECAUSE EMPLOYEE RAISED GENUINE ISSUE AS TO STATUS AS "SEAMAN" UNDER JONES ACT; EMPLOYEE ALSO RAISED GENUINE ISSUE WITH RESPECT TO CHARACTERIZATION OF RAMP AND EXERCISE OF T
  • FLORIDA SUPREME COURT FOUND THAT IT WAS REQUIRED TO ADHERE TO THE FEDERAL PRINCIPLES OF HARMONY AND UNIFORMITY WHEN APPLYING FEDERAL MARITIME LAW, AND, THUS, THAT IT WAS REQUIRED TO RULE IN A CASE CERTIFIED TO IT OF GREAT PUBLIC IMPORTANCE THAT THE SHIP O
  • Cruise ships' crime reporting examined
  • The Survivors Of A Man Killed While Working On A Barge In Ocean Waters Were Entitled To Benefits Under The LHWCA But Not To Exemplary Damages Under The Texas Workers' Compensation Act; The Texas Act Prohibited Benefits To Workers Covered By The LHWCA, And
  • Court Erred In Finding Ship Repair Companies And Dock Board Liable For Deaths Of Two Individuals Allegedly Caused By Occupational Exposure To Asbestos From Their Work On Wharves In New Orleans; Inter Alia, Board Did Not Owe Them A Duty To Provide Them Wit
  • The Federal Longshore And Harbor Workers' Compensation Act, 33 U.S.C.S. §§ 901-950, Preempted A State Negligence Claim For Damages By A Longshoreman Against A Co-Employee For An Injury That Occurred Where There Was Concurrent State And Federal Jurisdict
  • Evidentiary Hearing Was Necessary To Determine Whether Husband And Wife's Malpractice Suit Against Cruise Line And Australian Doctor Should Be Dismissed For Lack Of Personal Jurisdiction Over Doctor Where Wife Averred That Doctor Treated Husband While Shi
  • Stay Of Employer's Federal Breach of Contract Suit against Employee Who Had Filed Negligence Suit in State Court Was Not Warranted
  • A District Court Erred In Refusing To Consider Affidavits Offered By A Ship Company After Depositions Were Taken When The Affidavits Provided A More Complete Explanation Of A Crewmember's Duties And The Affidavits Were Not Contradictory To The Deposition
  • In Jones Act Claim, 46 U.S.C.S. § 688, Based On Photographs And Expert's Testimony That Employer Failed To Comply With Its Own Safety Policy To Minimize Any Fall Hazard And Could Have Done So By Installing Handrail On Vessel's Platform, Jury Could Have C
  • IN A FELA CASE ARISING FROM A RAILROAD EMPLOYEE'S ACCIDENT, MISSOURI STATE COURTS ERRONEOUSLY APPLIED DIFFERENT STANDARDS OF CAUSATION TO DETERMINE THE RAILROAD'S NEGLIGENCE UNDER 45 U.S.C.S. § 51 AND THE EMPLOYEE'S CONTRIBUTORY NEGLIGENCE UNDER 45 U.S.C
  • IN A WRONGFUL DEATH CASE, AS A CRUISE LINE PROPERLY ASSERTED THE DEFENSE OF IMPROPER VENUE UNDER FLA. R. CIV. P. 1.140(B), IT DID NOT WAIVE ITS RIGHT TO ENFORCE A FORUM SELECTION CLAUSE IN ITS TICKET CONTRACT WITH DECEDENT BY SERVING ONE SET OF INTERROGAT
  • PURSUANT TO IOWA LAW, SEVERAL CLAIMANTS WERE NOT ENTITLED TO RECEIVE WORKERS' COMPENSATION BENEFITS FOR WORK-RELATED INJURIES SUFFERED ON A RIVERBOAT CASINO BECAUSE THEY WERE SUBJECT TO COMPENSATION UNDER 46 U.S.C.S. § 688A SINCE THEY WERE SEAMEN, AND TH
  • PASSENGER'S CLAIM THAT CRUISE LINE FAILED TO TREAT HER MEDICALLY BY DENYING HER REQUEST FOR WHEELCHAIR AFTER SHE FELL DOWN WAS DISMISSED UNDER FED. R. CIV. P. 12(B)(6); CRUISE LINE HAD NO DUTY TO PROVIDE PASSENGER WITH MEDICAL TREATMENT, AND CRUISE LINE C
  • THERE WAS GENUINE FACT ISSUE AS TO EMPLOYEE'S SEAMAN STATUS TO WITHSTAND SUMMARY JUDGMENT ON CLAIM UNDER 46 U.S.C.S. APP. § 688(A) (CURRENT VERSION AT 46 U.S.C.S. § 30104(A)). THERE WAS FACT ISSUE AS TO WHETHER HIS ESSENTIAL DUTIES IN SEATTLE DURING WIN
  • THE COURT HELD THAT THE APPLICATION OF TEXAS LAW TO A SEAMAN'S JONES ACT CLAIMS INTERFERED WITH OR RESTRICTED HIS REMEDIES UNDER THE ACT, AND THEREFORE THE STATE LAW WAS PREEMPTED, WHETHER IT WAS SUBSTANTIVE OR PROCEDURAL; THUS THE COURT DECLINED TO ISSUE
  • A MOBILE OFFSHORE DRILLING UNIT EMPLOYEE'S PERSONAL INJURY CLAIM UNDER THE JONES ACT WAS PROPERLY DISMISSED UPON SUMMARY JUDGMENT BECAUSE THE EMPLOYEE, AT THE TIME OF HIS INJURY, WAS NOT A SEAMAN FOR PURPOSES OF THE JONES ACT BECAUSE THE DRILLING UNIT WAS
  • SEAMAN'S JONES ACT AND UNSEAWORTHINESS CLAIMS WERE TIME BARRED BECAUSE THE SEAMAN DID NOT EXERCISE DUE DILIGENCE IN PURSUING HIS CLAIMS AND EQUITABLE ESTOPPEL DID NOT APPLY BECAUSE HE DID NOT REASONABLY RELY ON A DISPUTED PARAGRAPH IN HIS TERMS OF EMPLOYM
  • Another Passenger Disappearance - Ferry Boat
  • On a Cruise, Law of the Sea can be Rocky
  • Siblings Take on Cruise Line after Father’s Death
  • Cruise Ship Passenger Missing
  • Where A Husband And Wife Sued A Cruise Line, Its Fed. R. Civ. P. 56 Partial Summary Judgment Motion Was Granted Because The Characteristics Of The Parties' Tickets Were Such That Terms And Conditions Were Conspicuous, They Were On Notice That A Limitation
  • Trial Court Erred In Granting Summary Judgment In The Employee's Favor In His Negligence Suit Against His Employer Under The Jones Act, 46 U.S.C.S. App. � 688(A), And General Maritime Law As The Employer Was Entitled To Offset Disability Benefits It Had
  • A Seaman Who Fraudulently Concealed Preexisting Back And Mental Health Problems On His Application To Work As A Deckhand On An Oceangoing Tug Was Properly Denied Maintenance And Cure Benefits Under The Mccorpen Rule But Properly Awarded Damages For Medica
  • Cruise Line's Summary Judgment Motion Should Have Been Granted In Passenger's Claim Based On Assault Which Occurred 10 Minutes After Passenger Disembarked After A Four-Hour Cruise. Assault Did Not Occur On Navigable Water, And Was Not Caused By A Vessel O
  • District Court Granted Summary Judgment To Cruise Line In Passenger Vessel Act Suit To Recover Damages For Personal Injuries Passenger Sustained After Being Bitten By Snake On Shore Excursion; Even If Exculpatory Clause Did Not Apply, Passenger Failed To
  • Boat Seller And A Contractor Were Not Entitled To Fed. R. Civ. P. 12(B)(6) Dismissal Of Yacht Owners' Suit For Injuries Allegedly Sustained From The Improper Installation Of A Davit On Their Yacht. The Suit Was Timely Filed Under The Maritime Limitations
  • In Accordance With 28 U.S.C.S. � 1333, Estate Administrators' Sea-Based Asbestos Claim Was To Be Tried Under Admiralty Jurisdiction, Applying Federal Maritime Law While Their Land-Based Claim Was To Be Tried Under Montana Law. All Claims Were To Be Trie
  • District Court Erred By Granting Summary Judgment For Corporation On Seaman's Claim For Maintenance And Cure When He Presented Sufficient Evidence From Which A Reasonable Jury Could Find That He Injured His Knee During His Shift As Fire Watch Aboard Vesse
  • Cruise Ship Death- Crown Princess Update
  • Deam Trips Turn Tragic on Montel Williams
  • An Injunction Was Vacated As The District Court Abused Its Discretion In Refusing To Dissolve An Injunction It Had Issued Under The Limitation Of Liability Act; The District Court Rested Its Decision On An Error Of Law That Since The Saving To Suitors Cla
  • Court Refused To Enforce Choice Of Forum Clause In Employment Contract Between American Seaman And American Employer In The Seaman's Jones Act Claim Because The Factors Under 28 U.S.C.S. § 1404(A) Weighed Slightly In Favor Of Seaman's Choice Of Forum In
  • Cruise Line's Petition For A Writ Of Prohibition Was Granted Because A Florida Court Was Without Authority To Reinstate A Passenger's Action After A Federal Court Dismissed The Action Due To The Passenger Having Failed To File Her Personal Injury Action I
  • Court Had Jurisdiction To Consider Claims Of Seaman, Who Was Citizen Of Republic Of Honduras, For Relief Under Laws Of Honduras, Mexico, Or International Maritime Law. The Plain Language Of The Jones Act Denied Remedy Under Jones Act And Us Maritime Laws
  • A Tanker's Owner And Operator Were Not Entitled To Summary Judgment On A Claim For Negligence Under The Jones Act Because There Were Genuine Issues Of Fact As To Whether The Duty To Provide A Reasonably Safe Workplace Required Installation Of Lights Insid
  • Under The Limitation Of Liability Act, A Cruise Ship Line Is Exonerated From Liability For Injuries Incurred By Minors Who Rented A Jet Ski For A Guided Tour Of An Ocean Bay; The Minors Were Reasonably Warned Of The Jet Ski's 300-Foot Braking Distance By
  • Passenger's Claims Against Cruise Line Corporation Were Barred Because He Had Signed Release That Discharged Corporation From Liability In Connection With Use Of Jet Ski, But Passenger's Son Was Not Bound By Release Because He Was A Minor. Son's Unseawort
  • Cruise Passenger Safety - CRUISE S.O.S CARD
  • A BREACH OF CONTRACT CLAIM INVOLVING PLACEMENT OF VESSELS, IN WHICH THE BROKER CLAIMED A BROKERAGE FEE DID NOT “AFFECT MARITIME COMMERCE” AND THEREFORE WAS NOT SUBJECT TO ADMIRALTY JURISDICTION.
  • HEARING REQUIRED TO DETERMINE WHETHER ARBITRATION AGREEMENT WAS ENFORCEABLE.
  • SUMMARY JUDGMENT AFFIRMED WHERE SHIP OWNER HAD NO DUTY TO SUPERVISE THE STEVEDORE OPERATIONS AND TERMINAL OPERATOR DID NOT BREACH ANY DUTY OF CARE.
  • ARBITRATION AGREEMENT NOT ENFORCED BECAUSE THE CLAUSE WAS NOT INCORPORATED INTO THE PLAINTIFF’S EMPLOYMENT CONTRACT.
  • PLAINTIFF OWN NEGLIGENCE DID NOT CREATE BASIS FOR SUMMARY JUDGMENT.
  • A RIVERBOAT CASINO CAN BE CONSIDERED A “VESSEL IN NAVIGATION” EVEN THOUGH IT’S PRIMARILY NOT MOVING.
  • SHIP COMPANY HAD NO DUTY UNDER TEXAS LAW TO MAKE THE SHIP’S DOCTOR AND NURSE AVAILABLE FOR DEPOSITION BECAUSE THEY WERE NOT EMPLOYEES.
  • $3.3 MILLION JURY AWARD DIDN’T JUSTIFY PARSIMONIOUSNESS CLAIM.
  • PLAINTIFF EMPLOYEE SATISFIED THE “FEATHERWEIGHT” BURDEN OF PROOF OF CAUSATION UNDER THE JONES ACT AND THE FEDERAL EMPLOYERS’ LIABILITY ACT.
  • EMPLOYEE WAS NOT CONTRIBUTORILY NEGLIGENT FOR NOT LETTING GO OF HEAVING LINE WHEN IT STARTED TO PULL HIM BECAUSE HE WAS GIVEN A SPECIFIC ORDER TO NOT LET GO OF THE LINE.
  • CLAIMANTS AMENDED STIPULATIONS RESOLVED THE TENSION BETWEEN THE LIMITATION OF LIABILITY ACT AND THE SAVING TO SUITORS CLAUSE ALLOWING THE STATE COURT ACTION TO PROCEED.
  • DEFENDANT COMPANY HAD TO INDEMNIFY CODEFENDANT LLC FOR 50% OF ITS SETTLEMENT COSTS BASED ON CONTRACTUAL AGREEMENT.
  • DISTRICT COURT DECLINED TO DEPART FROM THE WELL ESTABLISHED RULE THAT A WARRANTY OF SEAWORTHINESS EXTENDED TO MARITIME WORKERS WHO OBTAINED “SEAMAN” STATUS UNDER THE JONES ACT.
  • DISTRICT COURT ORDER VACATED WHEN IT CONCLUDED THAT THE EMPLOYER’S FAILURE TO COMPLY WITH THE U.S. COAST GUARD REGULATIONS DID NOT ESTABLISH NEGLIGENCE PER SE LIABILITY UNDER THE JONES ACT.
  • PLAINTIFF EMPLOYEE’S EXPERT OPINION RE HIS FUTURE SALARY WAS SUPPORTED BY THE RECORD AND NOTHING PREVENTED THE DEFENDANT EMPLOYER FROM PRESENTING PROOF OF FACTORS THAT THE JURY COULD HAVE CONSIDERED IN REDUCING AN AWARD OF LOST FUTURE INCOME.
  • APPELLATE COURTS DO NOT HAVE CERTIORARI JURISDICTION TO REVIEW A DECISION OF A TRIAL JUDGE GRANTING LEAVE TO AMEND A COMPLAINT TO INCLUDE A CLAIM FOR PUNITIVE DAMAGES WHEN THE TRIAL JUDGE HAS FOLLOWED THE PROCEDURAL REQUIREMENTS OF § 768.72.
  • A LIFEBOAT, ALTHOUGH NOT UNDER SAIL, WAS A VESSEL ON NAVIGABLE WATERS AND FAILING TO PROVIDE A SAFE WORKPLACE ABOARD A VESSEL WAS A MARITIME TORT FOR STATUTE OF LIMITATIONS PURPOSES.
  • PLAINTIFF’S COMPLAINT AGAINST A CRUISE LINE WAS TIME BARRED BECAUSE PLAINTIFF WAITED MORE THAN A YEAR TO FILE SUIT UPON REACHING THE AGE OF MAJORITY EVEN THOUGH THREE YEARS HAD NOT PASSED FROM THE TIME OF THE ACCIDENT.
  • EVIDENTIARY HEARING REQUIRED BEFORE DECIDING JONES ACT NEGLIGENCE CLAIM TO DETERMINE WHETHER THE NEGLIGENT CONDITION WAS EITHER CREATED BY THE EMPLOYER OR THAT IT EXISTED AT A TIME WHEN THE EMPLOYER SHOULD HAVE BEEN ABLE TO DISCOVER THE CONDITION THROUGH
  • SUMMARY JUDGMENT GRANTED IN FAVOR OF CRUISE SHIP BECAUSE THERE WAS NO EVIDENCE THAT THE CRUISE SHIP KNEW OR SHOULD HAVE KNOWN OF THE ALLEGED UNSAFE WORKING CONDITION.
  • A LIMITATION OF LIABILITY ACTION MUST BE FILED WITHIN SIX MONTHS OF RECEIVING ADEQUATE NOTICE, OTHERWISE IT IS UNTIMELY.
  • GOOD CAUSE MUST BE SHOWN IN ORDER TO DEPART FROM THE ORDINARY DISCOVERY SEQUENCE.
  • THE QUESTION AS TO WHETHER A PLAINTIFF WAS EXPOSED TO THE PERILS OF THE SEA WHILE WORKING ON A BARGE AND QUALIFIED AS A SEAMAN UNDER THE JONES ACT WAS A JURY ISSUE.
  • FLAWED JURY INSTRUCTIONS REGARDING A SUBSTANTIVE ELEMENT OF THE SHIP’S DUTY TO LONGSHOREMAN LEAD TO NEW TRIAL.
  • DISTRICT COURT TOO READILY ADOPTED THE SHIP OWNER’S THEORY OF THE CASE WITHOUT PROPERLY DRAWING REASONABLE INFERENCES FROM THE EVIDENCE PRESENTED IN FAVOR OF THE PLAINTIFF LONGSHOREMAN.
  • A VESSEL IS SATISFACTORY FOR JONES ACT PURPOSES IF IT IS PRACTICALLY CAPABLE OF MARITIME TRANSPORTATION EVEN THOUGH IT WAS NOT INTENDED TO TRANSPORT.
  • WHEN BOTH PARTIES VIOLATED FED RULE 26, NO LATE DISCLOSED EXPERTS WERE ALLOWED TO PROVIDE TESTIMONY IN THE ACTION, BUT THE COURT HAS SUBSTANTIAL DISCRETION TO PERMIT UNTIMELY DISCLOSURES AND TO TAKE MEASURES TO CURE THE PREJUDICE THAT ACCOMPANIES THEM
  • Cruise Ship Fire Hazard Update
  • MSNBC News Live - Missing Person from a Carnival Cruise Ship
  • Cruise Passenger Disappears from Cruise Ship
  • Seafarer Claims
  • Our Cruise Ship Sexual Assault Client in the News Again
  • Our Client, a Cruise Crime Victim Speaks Out
  • Letter from Governor Manchin on Cruise Ship Crimes
  • Letter from Congressman Mollohan on Cruise Ship Crime
  • Cruise Ship Tax Bill Passes in Alaska
  • Australia Takes Steps with Respect to Excessive Drinking on Cruises
  • Princess Cruise Accident due to Human Error
  • Dozens Injured on Crown Princess Cruise
  • The Big Idea With Donny Deutsch - Charles Lipcon and Woman missing from Cruise Ship
  • Deadly Waters - Charles Lipcon
  • The Early Show - Drinking on Cruise Lines
  • Inside Edition - Drinking on Cruise Lines
  • Fox 11 Ten O'Clock News - Maritime attorney Charles Lipcon interviewed regarding death on Carnival Ship
  • Envivo Directo - Richard Alsina-Cruise Ships (In Spanish)
  • Lawyers turn cruise lawsuits into industry
  • Carnival Cruise Lines President calls disappearance of honeymooner George Smith a "non-event"!
  • Cruise Ships Looking to Save Money by Having Their Ships Go Slower
  • Cruise Ship Crimes- Statistics Vary
  • Cruise Passenger Disappearances in the Miami-Herald
  • Cruise Safety Article in the Miami Herald
  • Cruise Ship Safety Recommendations
  • Admiralty Attorneys, How to Pick the Right One
  • Egyptian Cruise Ship Sinks
  • 53 Cases of Persons Overboard since 1995
  • Free Advice discussion thread recommends LMA
  • EXONERATION GRANTED WITH RESPECT TO SEAMAN'S INJURY CLAIM IN LIMITATION PROCEEDING
  • Congress Eyes Cruise Ship Dangers
  • PLAINTIFFS WHO WERE PART OF OPERATING CREW OF CASINO BOAT WERE SEAMAN AND THEREFORE EXEMPTED FROM FAIR LABOR STANDARDS ACT PERTAINING TO OVERTIME
  • MSNBC News Live - Jason Margulies And The George Smith Case
  • FORUM SELECTION CLAUSE IN PASSENGERS TICKET ENFORCED. CASE TRANSFERRED TO MIAMI, FLORIDA
  • OPERATED HERNIATED DISC AWARD OF ABOUT $70,000 FOR SEAMAN ON FISH PROCESSING VESSEL.
  • ADMIRALTY JURISDICTION APPLIED TO PERSONAL WATER CRAFT. PLAINTIFF FAILED TO FILE TIMELY REMAND TO STATE COURT UNDER SAVINGS TO SUITORS CLAUSE.
  • OWNER FOR LIMITATIONS PURPOSES INCLUDED MANAGEMENT AND OPERATIONS COMPANY FOR THE VESSEL
  • SHIPOWNER ALLOWED TO BRING CLAIM AGAINST SEAMAN FOR INDEMNITY WITH RESPECT TO PROPERTY DAMAGE
  • BEFORE FILING SUIT AGAINST UNITED STATES UNDER SUITS IN ADMIRALTY ACT, ADMINISTRATIVE REMEDIES MUST BE STRICTLY FOLLOWED CASE DISMISSED WITH PREJUDICE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS, GALVESTON DIVISION
  • SANCTIONS ENTERED FOR FAILURE TO PAY MAINTENANCE AND CURE AS PREVIOUSLY ORDERED BY COURT
  • MAGISTRATE RECOMMENDED THAT SHIP OWNER'S COUNTERCLAIM AGAINST SEAMAN FOR ATTACHING VESSEL FOR MAINTENANCE AND CURE AFTER THREE YEARS FROM THE DATE OF INJURY BE DENIED
  • DOCK WINCH DID NOT QUALIFY AS APPURTENANCE OF VESSEL FOR PURPOSES OF UNSEAWORTHINESS
  • BEING A SHIP'S CAPTAIN IS NOT ENOUGH TO BE AN EXPERT IN A LIFTING CASE.
  • BARBETTA FOLLOWED IN CASE FOR BAD MEDICAL CARE ON A VESSEL. THIS CONFLICTS WITH ANOTHER DECISION FROM THE SAME DISTRICT COURT AS WELL AS THE CARLISLE DECISION WHICH WAS RECENTLY ARGUED IN THE FLORIDA SUPREME COURT
  • Kin of woman missing on cruise sue Carnival
  • Carnival Cruises Sued by Family of Wisconsin Woman who Disappeared
  • FOX26 NEWS (Houston) - Cruises...Hot Vacations...Cold Truth
  • Rape & Sexual Assault on Cruise Ships
  • Geraldo at Large - Mystery on the High Seas
  • Congressional Investigation Ordered on Missing Cruise Passenger George Smith
  • What Every Cruise Ship Passenger Needs To Know
  • Scarborough Country - Congressional investigation of George Smith case
  • Following Lipcon, Margulies & Alsina's landmark case, Carlisle v. Carnival Corporation, Illinois court holds cruise line is vicariously liable for ship's doctor's malpractice to ship passenger.
  • Supreme Court of Illinois holds that Defendant is entitled to demand a jury trial in a Jones Act Negligence / Unseaworthiness case pending in state court and denial of such demand was reversible error.
  • New trial ordered where maritime ergonomic engineering expert witness was improperly not permitted to testify...
  • Injured cruise line passengers' claims dismissed...
  • Cruise line's forum selection clause selecting federal court in Miami, Florida as the exclusive forum is enforced and case is transferred but not dismissed from federal court in Texas.
  • Minor sues hotel chain and owner of wave runner rental operation in Cayman Islands
  • Cleaning barge held to be a "vessel" for purposes of establishing seaman status for a barge cleaner who spent an average of 20 minutes per day aboard the cleaning barge and the majority of his time cleaning third party barges.
  • Seaman's action against cruise line dismissed...
  • Summary Judgment granted against seaman who contracted mesothelioma and in favor of product manufacturers where seaman was unable to establish that any of the defendant's products was a substantial factor in causing seaman's illness.
  • Charles Lipcon on A Current Affair
  • A Current Affair - Hope's Story
  • A Current Affair - Jane's Story
  • MSNBC News Live
  • Big Story Weekend Edition - Charles Lipcon on George Smith Case
  • Heartland With John Kasich - Charles Lipcon on George Smith Case
  • Scarborough Country - Charles Lipcon on George Smith Case
  • Scarborough Country - Charles Lipcon on George Smith Case
  • Catherine Crier Live - Cruise Line Crime
  • The O'Reilly Factor - Man Disappears From Cruiseship
  • A Current Affair - Cruise Ship Crime
  • A Current Affair - Crime on the High Seas
  • A Current Affair - Cruise Ship Rape & Sexual Assaults
  • A Current Affair - Missing cruise passenger George Smith
  • Employee Injured On Ship In Russia Not A Seaman Due To Lack Of Connection To A Vessel In Navigation
  • Where Cruise Line Ticket Delivered 13 Days Before Cruise, Adequate Notice Of The Forum Selection Clause Was Not Provided And Would Not Be Enforced
  • Permanent Transfer Of A Seaman To A Platform That Was Not A Vessel Defeated Claims Under The Jones Act
  • Attacking The Character Of A Defense Witness On Matters Not Relevant To The Issues At Trial Required A New Trial
  • Seaman's Motion For Cure Granted. Claim For Attorneys Fees And Punitive Damages Denied
  • Riverboat Casino Employee Had Claim For Overtime Under The Fair Labor Standards Act But Did Not Have In Rem Claim Or A Maritime Lien
  • Riverboat Casino Employee Had Claim For Overtime Under The Fair Labor Standards Act But Did Not Have In Rem Claim Or A Maritime Lien
  • Suit Filed In Wrong Forum Against Cruise Line Transferred To U.S. District Court For Southern District Of Florida
  • One Year Passenger Ticket Limitation To File Suit Applied To Claims Against Independent Contractor Who Ran The Spa On The Ship. Also Filing Suit In State Court Did Not Toll The Time Period To File Suit In Federal Court.
  • Judgment For Seaman Who Fell By Reason Of Boots Becoming Wet Was Reversed Because There Was Not Duty To Warn About Open And Obvious Dangers
  • Employer Of Seaman Not Liable For The Cracking Of The Necks Of Fellow Crewman Since It Was Outside The Scope Of The Employment. Summary Judgement Affirmed.
  • Admiralty Jurisdiction Applied Where Worker Injured Where Worker Injured While Cleaning Oil Tank Of Barge
  • Americans with Disabilities Act Is Generally Applicable To Foreign Flag Cruise Ships
  • Attachment Order Entered Against Attorney In Multi Million Dollar Dispute Involving Seaman's Claim For Maintenance And Cure Which Resulted In $8,329,720.65 Judgment
  • Summary Judgment Against Seaman Reversed In Maintenance And Cure Claim
  • Dismissal Of Honduran Seaman's Claim For Maintenance And Cure Due To Inappropriate Forum Confirmed
  • Damages Affirmed In Action For Violation Of The Duty To Rescue Along With A Reduction Of 70% Based On Comparitive Fault
  • Not Error To Reinstate Claims Previously Dismissed Based On Forum Non Conveniens
  • Forum Selection Clause Enforced In Passenger's Claim Against Cruise Line
  • Loss Of Consortium Claim For Passenger's Spouse Not Available In Admiralty
  • Seaman's Case Dismissed On Forum Non Conveniens. Court Has Inherent Power To Raise Motion On It's Own Without Regard To 60 Day Time Limit Under Rules Of Civil Procedure
  • Cruise Lines Motion For Summary Judgment Denied Where Performer On Vessel Stepped On Passenger's Foot During A Show
  • Captain Of Vessel Who Was A Joint Venturer In The Vessel Did Not Have A Maritime Lien Against The Vessel
  • Penalty Wages Denied Where Failure To Pay Was Due To An Accounting Error
  • Seaman On Fishing Boat Awarded Damages For Injuries Suffered When Struck In The Back By A Block
  • Longshoreman On Board A Crew Boat Awarded Damages For Injuries Sustained When A Slow Moving Barge Was Struck
  • Summary Judgment In Favor Of Owner On Unseaworthiness Granted Where Cook Fell When Seas Had 5 Foot Waves. Summary Judgment Denied On Jones Act And Maintenance And Cure Claims
  • Gambling Boat Crew Members Were Exempt From Overtime Provisions Of The Fail Labor Standards Act Since They Were Seaman. Summary Judgment Granted For Owner
  • Summary Judgment Granted Against Seaman Who Slipped On Wet Deck In Favor Of Charterer And The Employer With Respect To Jones Act. Denied As To Maintenance And Cure
  • Summary Judgment Granted Against Maritime Construction Worker Because He Was Wedge Plates To Seawall At Time Of Injury Which Was A New Land Based Assignment That Did Not Involve Service To A Vessel
  • Summary Judgment Granted Against Tankerman Due To Lack Of Evidence
  • Summary Judgment For Vessel Where No Medical Causation Testimony Except On Maintenance And Cure Claim
  • Libya's Motion To Dismiss Denied Where Plaintiff's Were Removed From A Vessel To Be Used As Human Shields To Prevent American Air Attacks
  • Cruise Line Motion To Dismiss On Venue Denied Since Tickets To Board Ship Not Received Until Passenger Arrived At Dock To Board The Vessel After Flying From The Netherlands
  • Forum Selection Clause In Cruise Line Ticket Enforced Against Minors, Case Transferred To Southern District Of Florida
  • Philippine Seaman Required To Arbitrate Claim Of Rape In Suit Against Cruise Line
  • Summary Judgment Affirmed Against Longshoreman With Respect To Gap Between Cargo That Caused Injury
  • Daubert Hearing Required For Physician's Causation Testimony In Seaman's Claim With Respect To Dust From 911 Debris
  • Summary Judgment Granted Against Seaman Who Was Not In The Zone Of Danger
  • Summary Granted Against Seaman Status For Shoreside Mechanic
  • Seaman Precluded From Refiling Suit In Federal Court After Voluntary Dismissal Based On Claimed Forum Shopping Even Though No Prejudice To Defendant
  • Forum Selection Clause Enforced In Passenger's Claim Against Cruise Line
  • Summary Judgment Denied Where Seaman Performed Work Aboard A Vessel, Granted With Respect To Work Aboard A Barge
  • Motion To Dismiss Seaman's Claim As A Discretionary Function Was Denied
  • Jury Verdict For Seaman Reversed For Failure To Disclose Prior Back Problems
  • Arbitration Agreement In Philippine Seaman's Contract Enforced
  • Collective Bargaining Agreement Interpreted To Allow More Than $15 A Day For Maintenance
  • Harbor Maintenance Tax Could Not Be Applied Retroactively
  • Summary Judgment Against Seaman Who Claimed Racial Discrimination Affirmed Since He Did Not Exhaust Administrative Remedies
  • Claim Letter To Vessel Owner Started Six Month Period To File Limitation Action
  • Harbor Maintenance Tax Applied To Entire Cruise Line Passenger Ticket Without Regard To Just Transportation Component Of Ticket
  • Whether Ada Applied To Foreign Flag Cruise Ships Put On Hold Pending Ruling In Another Case
  • Dredge Is A Vessel
  • FOX News at 10 - Cruiseline Sexual Assault
  • Cruise Line Law Reporter - November/ December 2005 Issue
  • Cruise Line Strictly Liable For Crewmember Assaults Against Passengers Off The Vessel
  • Ship Owners Motion To Limit Expert's Testimony Denied Without Prejudice To Making Objections At Trial
  • Summary Judgment Against Seafarer In Heavy Lifting Case Reversed
  • Seaman Can Sue U.S. Government In District Where He Resides Instead Of His Domicile
  • Fnc Motion Granted In Favor Of Costa Cruise Lines
  • Indefinite Stay Denied While State Court Litigation Dealing With Forum Selection Clause Specifying U.S. District Court Was Pending
  • Sieracki Seaman Status Claim Approved For Independent Contractor
  • Summary Judgment Granted For Passenger That He Was Injured By Getting Shoes Wet Walking Across Wet Mat And Then Slipping
  • Choice Of Forum Clause In Seaman's Contract Was Unenforceable In Jones Act Claims
  • Jury Issue On Maintenance And Cure Where Seaman Does Not Reveal Prior Back Condition During Pre-employment Physical
  • Summary Judgment For Shipping Company Reversed Where Vessel Captain Allowed Intoxicated Seaman On Board Which Caused Injury To Seaman Trying To Break Up A Fight
  • Shipping Company Did Not Have To Treat Multiple Sclerosis After It Was Stabilized
  • Ship Owners Motion For Summary Judgment Denied Where Piece Of Frozen Meat Fell On To Crew Members Foot
  • Discovery Of Prior Sexual Assaults Approved
  • Passenger Case Against Cruise Line Dismissed Under Forum Selection Clause In The Passenger Ticket
  • Summary Judgement Against Seaman Who Could Not Prove His Exposure To Chemicals Caused Cancer By Reliable Expert Opinion Was Affirmed
  • Medicare Eligibility Did Not Terminate Employers Maintenance And Cure Obligation
  • Attorneys Fees Awarded On Maintenance Claim Where No Payment Made For Over One Year
  • State Dram Shop Law Did Not Apply In Admiralty
  • Cruise Line Forum Selection Clause Enforced Even Though Passenger Claimed Lack Of Notice
  • Judgment For Wheel Chair Passenger Who Was Injured While Being Carried On Stairs Due To Broken Elevator Was Affirmed
  • Judgment Nov Granted For Seaman Who Died From Asbestos Exposure Even Though Jury Found No Causation
  • No Liability Where Landowner Warned Captain Of Vessel About Dangers On Land Adjacent To Docked Vessel
  • Judgment For Employer Affirmed Where Seaman Failed To Request Assistance In Lifting Line From Water
  • Summary Judgment Granted To Ferry Operator Against Passenger Claiming Assault And Battery
  • United States And The Navy Had Sovereign Immunity For Death Occurring On Vessel Under Construction Due To Lack Of Admiralty Jurisdiction
  • Motions By Both Passenger Who Claimed A Sexual Assault And By Ferry Operator To Exclude Opposing Expert Testimony Denied
  • Seaman Injured By Chair That Collapsed Entitled To Recover From His Employer, Chair Seller And Chair Manufacturer
  • Case Dismissed Based On Forum Non Conveniens Where No Connection To The United States
  • Court Tried Limitation Action After Jury Verdict On Liability And Damages
  • Jury Question For Both Negligence And Unseaworthiness When Other Crew Members Let Go Of A Line.
  • The Court Had The Equitable Power To Alter A Contingent Fee Agreement Between A Seaman And His Attorney
  • Seven Million Dollar Plus Jury Award For Death Of Rigger On Barge Vacated And New Trial Ordered, Due To Improperly Giving Jury Claim Based On Unseaworthiness And Improperly Charging Jury On Negligence Standards
  • Court Verdict For Seaman's Employer In Death Case Involving Asbestos
  • Shipowner Did Not Obtain Summary Judgment Where Affidavits Only Contained Statements That Were Conclusory
  • Seaman Could Bring A Claim For Punitive Damages Against Non-Employer Under General Maritime Law
  • Dock Owner Did Not Have A Duty To Provide Seaman With Safe Access To The Dock From A Barge
  • Where Seaman Filed In Admiralty Shipowner Did Not Have A Right To A Trial By Jury
  • Seaman On Tug Did Not Have Unseaworthiness Claim For Injury On Barge Being Towed Which Was Not Owned By His Employer
  • Order Of Remand Divested Appellate Court Of Jurisdiction To Consider If International Arbitration Act Applied To Indian Seaman's Claim
  • Where U.S. Defendant Joined In Action Against Greek Shipping Company U.S. Law Would Be Applied To Avoid Unworkable Application Of Two Different Maritime Laws
  • Collateral Source Rule Does Not Apply Where Insurance Company Has The Right To Subrogate Even If Subrogation Not Actually Claimed
  • Permanently Moored Casino Riverboat Not A Vessel In Navigation For Jones Act Purposes
  • Class Certification Denied With Respect To Mobility Impaired Passengers Because Common Issues Not Shown To Predominate
  • Forum Selection Clause Of Paris France For Vessel That Did Not Touch A U.S. Port Upheld With Respect To Cruise Line Passenger
  • Employee Who Only Unloaded Fish From Docked Vessels Was Not A Seaman
  • Injury On A Permanently Moored Riverboat Casino Not In Admiralty
  • Claim Against Cruise Line For Malpractice Of Ship's Physician Based On Vicarious Liability Stated Claim For Relief
  • California Dram Shop Act Applied In The Absence Of A Federal Dram Shop Law. Survival Action And Claim For Punitive Damages Allowed To Proceed Where Non Seaman Killed In Territorial Waters
  • Costa Cruise Line Motion For Reconsideration Of Denial Of Motion To Dismiss Based On Forum Non Convenience Was Denied As Costa Was Owned By Carnival Corp. Which Had It Base Ofoperations In The United States
  • Union Presumed To Have Authority To Enter Into A Memorandum Withholding Vacation Benefits So As To Not Violate Penalty Wage Statute
  • Harmless Error To Allow Osha Violation Into Evidence In A Seaman's Action And Jury's Discussion Of Contingency Fee Did Not Require New Trial
  • Seaman Did Not Forfeit Right To Maintenance And Cure By Failing To Disclose Preexisting Diabetes
  • Court Certifies Question Of Whether Cruise Lines Liable For Negligence Of Ship Board Doctors
  • Exculpatory Clause In Boat Club Contract Held To Be Valid
  • Court Had Jurisdiction Over Manufacturer Of Smoke Detection Device That Exploded And Caused Injury
  • Passenger Claim Dismissed For Failure To Refile Suit Within 30 Days After Bankruptcy Plan Of Reorganization Approved
  • Forum Selection Clause In Passenger Ticket Enforced And Action Transferred To Florida
  • Passenger Claim Dismissed For Failure To File Suit Within 30 Days After Bankruptcy Plan Of Reorganization Approved
  • 5 Billion Dollar Punitive Damage Award For Oil Pollution Reduced By 500 Million Dollars
  • Ada Does Not Apply To Foreign Flag Vessels
  • Court Erred Is Dismissing Case Where There Was Jury Question As To Whether 30% Or More Time Was Spent On Vessels By Welder So As To Achieve Seaman Status
  • Dismissal Of Jones Act Claim Because Longshoreman Harbor Worker Benefits Accepted Was Reversed
  • Seaman Status Not Met Where Less Than 30% Of Time On Vessel
  • Shipowner Liable For Injuries On Tender To Shore Excursion Even Though Tender Operated By Third Party. Trial Court Erred In Directly Verdict Even Where Condition Was Open And Obvious Since Shipowner Should Have Reasonably Anticipated The Condition
  • Shipowner's Motion To Dismiss For Forum Non Conveniens Denied Where Seaman Had Medical Care In The United States, Shipping Company Earned Substantial Revenue In The United States, Made Maintenance And Cure Decisions In The United States And Had Substantia
  • Shipowner Being Sued Under Jones Act, For Unseaworthiness And Maintenance And Cure Had It's Third Party Claim Against Medical Facility Dismissed Since Issues Of Medical Negligence Would Have Unduly Complicated The Seaman's Case
  • Philippine Seaman's Motion To Remand Case To State Court Denied And Shipowners Motion To Compel Arbitration In The Philippines Under The Poea Granted
  • MARGARET PERKS, v. SCOTIA PRINCE CRUISES, LTD.
  • Magistrate Recommends Upholding One Year Ticket Limitation For Passenger To File Suit Where Reasonable Notice Of Limitation Was Provided To The Passenger
  • Jury Verdict For Seaman Affirmed Where Shipowner Failed To Provide Reasonable Medical For Gallstone Problem
  • Where Alleged Medical Malpractice Occurred On Ship Which Had Not Yet Reached The Edge Of The Gulfstream Off The Coast Of Florida, The Incident Occurred In Florida Territorial Waters So As To Defeat The Ship Doctor's Motion To Dismiss.
  • Summary Judgment Made In Favor Of Company Regarding Claims Made By Seaman Against Company Named In The Preamble To A Collective Bargaining Agreement Between The Seaman's Union And Seaman's Employer; Additionally, Claims Made For Jones Act Negligence And M
  • Ship Owner's Obligation To Provide Maintenance And Cure Terminated When Seaman's Incurable Condition Of Multiple Sclerosis Was Declared "Permanent" By Seaman's Physician.
  • Court Holds That Arbitration Agreements Entered Into By Cruise Ship Employer And Crew Members Are Subject To And Enforceable Under The Convention On The Recognition And Enforcement Of Foreign Arbitral Awards
  • Cross Motions For Summary Judgment Denied Where A Ferry Owner May Have Accelerated The Ferry In A No Wake Zone Causing Injury To Pleasure Boat Operators Who May Have Failed To Keep Sufficient Lookout.
  • Where The Parties Prefer Application Of Foreign Law To A Seaman's Personal Injury Case And The Foreign Jurisdiction Is An Adequate Alternative Forum, The Seaman's Case Is Dismissed Pursuant To Forum Non Conveniens To Be Refiled In The Foreign Jurisdiction
  • Where A Seaman Brings Claims For Jones Act Negligence, Unseaworthiness, And Maintenance And Cure...