I have a rather large queue of cases to digest and disseminate, so excuse the delay. I will still call it a "new" Longshore case, because, well, it is.One oft-litigated issue in maritime injury cases is the situs and status test. Longshore and harbor workers have a different worker compensation scheme than other maritime workers
Federal Litigation
It is a Gunwhale, a sponson, a pontoon, a hull Mr. Chief Justice
By Mark M. Murakami on
Inevitable Shortcomings of Words: Vessels and other Contrivances
By Mark M. Murakami on
Sticks and stones may break my bones, but names will never hurt me. A rose by any other name?
So, pray tell – what is a vessel? I mean, practically, what does Congress mean when they say "vessel." Do words matter? Legislatures try to draft statutes to regulate a certain type of activity, but must…
New Fisheries Law Case from Ninth Circuit – Pacific Coast v. Banks
By Mark M. Murakami on
New case regarding the National Marine Fisheries Service plans for the Pacific groundfish fishery and trawler groundfishing regulations. The case is Pacific Coast Federation of Fishermen's Association v. Banks. Opinion can be found here.
The opinion is heavy on statute and regulation, particularly the National Environmental Policy Act, the Magnuson-Stevens Fisheries Conservation Management Act and…
New Jones Act Case from 5th Circuit – Scope of Employment
By Mark M. Murakami on
There is an adage: bad facts make bad law. But, there is a corollary that not every wrong has a remedy.
The Fifth Circuit has a new Jones Act case that highlights this corollary. The case is Beech v. Hercules Drilling Company, LLC and it can be found here.
Facts: two oil rig…
SCOTUS FLASH – Is “Vessel” case Moot?
By Mark M. Murakami on
The Supreme Court issued an order in the pending "vessel" case of Lozman v. Riviera Beach. The order is:
The parties are directed, and the Solicitor General is invited, to file letter briefs addressing the following question: “The res in this putative in rem admiralty proceeding was sold at a judicial auction in execution…
Ninth Circuit Brief – Hawaii’s Firearms Law is Reasonable Restriction on 2nd Amendment Rights
By Mark M. Murakami on
Several years ago, the Supreme Court handed down a noteworthy decision regarding the not-frequently litigated 2nd Amendment to the U.S. Constitution. In Heller v. District of Columbia, the Supreme Court held that the Second Amendment did protect a person’s right to possess a pistol in their home. More recently, in McDonald v. City of Chicago…
Ninth Circuit Decides Aboriginal Fishing Rights on Outer Continental Shelf
By Mark M. Murakami on
The Ninth Circuit just issued a decision in a case arising from an aboriginal claim of fishing rights off the coast of Alaska. The en banc decision denied the claim of aboriginal fishing rights with a mildly stinging dissent. The case is Native Village of Eyak v. Blank, and it can be downloaded here…
Eleventh Circuit Holds Marine Surveyor Guilty for MARPOL Violations
By Mark M. Murakami on
In a question of first impression, the Eleventh Circuit affirmed the conviction of a marine surveyor for knowingly violating the MARPOL treaty while aboard a foreign vessel in a U.S. port. The case is United States v. Pena and can be read here.
By way of legal background, MARPOL is the name of the…
New Longshore Case from 5th Circuit – New Orleans Depot Svcs v. OWCP
By Mark M. Murakami on
New Longshore case from the Fifth Circuit. The case is New Orleans Depot Services v. Office of Worker Compensation Programs and it can be downloaded here.
Facts – a worker suffered a hearing injury during the course of employment with two different employers.
Issue – "situs" of the injury and status of the employee.…