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David B. Anderson
David B. Anderson
Gordon T. Carey, Jr.
Gordon T. Carey, Jr.
Douglas R. Williams
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Nicholas J. Neidzwski
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David B. Anderson, Gordon T. Carey, Douglas R. Williams, and Nicholas J. Neidzwski are proud members of the Maritime Law Association of the United States.

Blog Posts Tagged 'Maritime Politics' | Jones Act and Maritime Law Blog

BP to Pay $4 Billion in Settlement

Last week Oil giant BP Exploration and Production Inc. settled a series of federal charges related to its conduct in the 2010 DEEPWATER HORIZON disaster, which killed 11 people and caused the largest environmental disaster in U.S. history. In addition to pleading guilty to 11 counts of felony manslaughter, one count of felony obstruction of Congress, and violations of the Clean Water and Migratory… Read more

Supreme Court Leaves Punitive Damages Award Intact

Injured seamen are entitled to maintenance, cure and unearned wages, regardless of fault. The shipowner's duty to pay these benefits is a "sacred obligation." Willful breach of the obligation gave rise to a claim for punitive damages. In 1990, however, the U.S. Supreme court decided the case of Miles v. Apex Marine Corp., 498 U.S. 19 (1990), prohibiting the award of "non-pecuniary" damages in cases… Read more

Report: Need for Fishing Vessel Safety Reform

The Center for Public Integrity, an investigative news organization based in Washinton, D.C. has published a report on fishing vessel safety issues. The following is excerpted: Commercial fishing is the deadliest vocation in the United States. Four years running, from 2007 to 2010, the Bureau of Labor Statistics ranked commercial fishing as the most dangerous occupation in the United States. From 2000… Read more

Forum Selection -- A Way to Obstruct COSTA CONCORDIA Claims

Although the parent company of the owner of the stricken Costa Concordia is based in Miami, passengers who want to file a lawsuit in U.S. courts over the cruise ship disaster will encounter obstacles in the tickets issued by the cruise line. That's because of fine print on the tickets purchased and signed by the 3,000-plus passengers before the ship capsized Jan. 13 off the coast of Italy, killing… Read more

Forum Selection -- A Thumb on Carnival's Side of the Scale of Justice

As noted in our last blog post, in the 1991 U.S. Supreme Court case of Carnival Cruise Lines v. Shute, a "choice of forum" clause in a cruise ship ticket was upheld. In dissent, Mr. Justice John Paul Stevens explained the purpose of choice of forum clauses like the one contained in the COSTA CONCORDIA tickets: "Clauses limiting a carrier's liability or weakening the passenger's right to recover for… Read more

SWANLAND Mirrors Alaska Shipwreck Cases

The facts of the tragic sinking of the SWANLAND resemble those in Alaska fish boat cases. Although, as noted in our earlier post, the SWANLAND is a Russian vessel, it was British managed. The British Maritime and Coastguard Agency is therefore conducting an investigation, much as the U.S. Coast Guard would conduct a marine casualty investigation. The cargo ship which sank in the Irish Sea off Gwynedd,… Read more

NTSB Makes Fishing Industry Safety Recommendations

Before the LADY MARY sank off Cape May, N.J., in 2009 with the loss of six lives, it had been structurally modified "without consulting a naval architect," federal safety officials said. The scallop trawler's owners hadn't assessed its stability. The crew didn't realize the importance of keeping the vessel watertight during severe weather. And the vessel's master failed to make an effective Mayday… Read more

Obama and Biden Will Protect Your Rights!

Vessel crewmembers are working people. They don't benefit from tax cuts for the wealthiest Americans. They need the benefits and protection sought by labor unions and the party of labor, the Democrats. They need affordable health care and Social Security. They need good public schools for their children. They need an intelligent energy policy and environmental protection. They need the right to organize… Read more