Navigating A Course To Justice
Carnival Cruise line was hit with a $10 million verdict in a sexual assault lawsuit filed by a former passenger. The passenger claimed that she was inebriated on her last day of the cruise when she was wandering back to the pool area. She tripped and fell and was later approached by a crew member. At this point, the last…
The oil lobby is dumping a lot of ink into swaying public opinion against The Jones Act. They blame the protections afforded to maritime workers for the rising cost of gasoline. However, the cost of gasoline remained stable throughout decades of the legislation and now it’s spiking due to considerations outside of the aegis of The Jones Act. Why is…
Two lawsuits have been filed against Maersk Line, Limited amid claims of sexual harassment and at least one allegation that a midshipman was raped while on the job. The plaintiff anonymously shared a story of being raped by a superior in 2019 during training. She was serving as an engine cadet aboard the vessel when the assault occurred. Now, a…
The Jones Act is a very large piece of legislation that covers everything from shipping regulations to workers’ compensation for seamen. Among the regulations in The Jones Act, foreign-flagged vessels are prohibited from delivering oil and gas to U.S. ports. The move is an attempt to reduce gas prices for American drivers. But detractors say that cost in savings would…
The Biden administration is considering a waiver of specific considerations under the Jones Act that require U.S. flagged vessels to deliver fuel to American ports. The waiver, it is believed, would reduce the cost of gas by about $1 per barrel. However, shipyards and crew believe that the $1 in savings per barrel would amount to an erosion of industry…
Disney Cruise Line is facing a $20 million lawsuit filed by the parents of a then-3-year-old girl who they believe was sexually assaulted by a 7-year-old girl. The parents have claimed they noted changes in their daughter’s personality after the incident and say that a video shows the assault on camera. However, the video shows that something happened to upset…
Seamen have special protections under the Jones Act to file lawsuits against employers. Further, they have maintenance and cure rights that tend to exceed worker’s compensation benefits granted in their home states. For that reason, the what constitutes a “seaman” for these unique maritime protections is important. The courts have begun applying a new test to determine seaman status for…
COVID lawsuits filed against ships is not necessarily news anymore, but the fact that the majority of these lawsuits have failed to result in positive outcomes for plaintiffs is telling. Right now, most state governments have enacted legislation that prevents businesses from being sued over COVID-19 infections. These rules, however, do not apply to ships at sea. In one case,…
A merchant marine who worked aboard vessels from 1944 to 1955 filed a lawsuit in 2017 after he developed an asbestos-related cancer. The defendants in the lawsuit filed for summary dismissal on the basis that the statute of limitations had run out. The plaintiff contended that the statute of limitations did not start ticking down until he received his biopsy.…
If the shipping company/employer cannot beat your claim on the facts, then it will attempt to deflect some of the blame onto you. This is done in two ways: 1. You were partly to blame for the accident, i.e. you were not watching where you were going and that is why you tripped and fell; or 2. They will claim…