In GIC Services, L.L.C. v. Freightplus USA, Inc., No. 15-3097 (5th Cir. Aug. 8, 2017), the United States Fifth Circuit Court of Appeals held that an ocean carrier stiffed by an intermediary in a freight transaction may recover unpaid freight from the original NVOCC who arranged the cargo transportation unless the evidence clearly shows the carrier intended to release that party from liability. The court further held that the carrier may protect its interest in unpaid freight against the cargo in rem, and weighed in on several other issues pertinent to the maritime field. The key points of the lengthy opinion are highlighted below.
Continue Reading Fifth Circuit Addresses A Complicated Cargo Dispute, Resulting In A Victory For Vessel-Operating Common Carriers
Alexander J. "Alex" Baynham
7 Takeaways from the Maritime Investigations Presentation at This Year’s Work Boat Show in New Orleans
It is Work Boat Show time in New Orleans, and yesterday featured a great presentation on marine investigations. Any maritime lawyer worth her salt will tell you that the best part of the practice is getting that 0200 client call about a casualty, donning your protective gear, and racing to the ship. No other legal practice offers the opportunity to regularly perform the equivalent of emergency room medicine like maritime law. Not only is the practice exciting, but there is a great feeling that comes from knowing that your client trusts you enough to rely on you in such a high-stakes situation.
Continue Reading 7 Takeaways from the Maritime Investigations Presentation at This Year’s Work Boat Show in New Orleans
Fifth Circuit Limits Effect of Collateral Source Rule Under General Maritime Law
In DePerrodil v. Bozovic Marine, Inc., No. 16-30009, 2016 WL 6810728, at *1 (5th Cir. Nov. 17, 2016), a panel of the United States Court of Appeals for the Fifth Circuit recently limited the effect of the collateral source rule in a maritime employee’s personal injury action against a non-employer. DePerrodil held that the collateral source rule allows a plaintiff, in a maritime personal injury action against a third party, to recover only the amount of medical expenses paid by the plaintiff’s employer’s Longshore and Harbor Workers’ Compensation Act (“LHWCA”) insurer.
Continue Reading Fifth Circuit Limits Effect of Collateral Source Rule Under General Maritime Law