Legal Note Update: In June 2019, the US Supreme Court decided Dutra Group v. Batterson, holding that a plaintiff may not recover punitive damages for claims of unseaworthiness. The holding resolves a split among the circuits and overrules a 2017 decision by the Supreme Court of Washington which held that a Jones Act seaman could…
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Oil & Gas Worker Fatality Rate Seven Times Higher than Other Industries According to the United States Center for Disease Control and Prevention (“CDC”), the fatality rate for United States oil and gas extraction workers, both onshore and offshore, has in recent years averaged more than seven times higher than the rate for other workers….
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Since at least 1823, our courts have recognized that the perils of seafaring life necessitate unique protections for mariners. Consequently, under general maritime law and the Jones Act, any injured seaman is entitled to maintenance, cure, and unearned wages for injuries incurred in the course of their service to their ship. These payments are “virtually…
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Because of the special protections and remedies afforded to injured seaman under the Jones Act, one of the most important issues in a maritime claim is determining Seaman status. Ordinarily, to qualify as a seaman under the Jones Act, a maritime employee must spend a significant amount of time working as a crewmember of a…
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Hit by the twin storms of the ongoing pandemic as well as Tropical Storm Cristobal, offshore workers face continuing airlift evacuations under already dangerous working conditions. On May 27, 2020, nine Shell employees were evacuated from an offshore oil rig in the Gulf of Mexico after several workers tested positive for coronavirus. According to the…
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Currently, with the oil industry at a low point, Americans know to expect layoffs and tightening of budgets in a wide variety of offshore companies and companies that support the oil industry. What can also be expected are vessels that may be undermanned or maintained by smaller crews with less resources while facing increasing pressure…
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On June 3, 2017, it was announced that the sizeable Herbon oil platform started its two week journey from Bull Arm, St. John’s, to the Grand Banks. Eight tow vessels were used to carry the massive platform to its destination. ExxonMobil started working on the Hebron project in 2011. Since then, ExxonMobil has been paying…
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Last month the U.S. Customs and Border Protection Service (CBP) announced that it will suspend and reconsider a set of regulatory amendments to the Jones Act that were proposed by the Obama administration. Under the Jones Act, established in the 19th Century, vessels carrying cargo between U.S. ports are required to staff U.S. crews and…
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