Maritime Law Update
The Fifth Circuit Court of Appeals and the Ninth Circuit Court of Appeals recently handed down decisions addressing significant issues in maritime law. In Jowers v. Lincoln Electric Company, the Fifth Circuit considered the proper allocation of fault among joint tortfeasors where a Longshore and Harbor Workers' Compensation Act benefits recipient asserted a third-party claim against a "non-maritime entity." In that case, the court determined that the district court improperly refused to instruct the jury at trial on a joint-tortfeasor defense that would have permitted allocation of fault under those circumstances. The error mandated reversal and remand for a new trial.
In Bowoto v. Chevron Corporation, the Ninth Circuit addressed the interaction of the Death on the High Seas Act and the Alien Tort Statute. While noting that the Act preempted wrongful death and survival claims that were brought by the plaintiffs under the Alien Tort Statute, the court cautioned that circumstances might exist where a plaintiff could assert claims under both.
For further discussion of each case, with links to the courts' opinions, please visit Arnold & Itkin LLP's maritime law coverage at GulfCoastMaritime.com.
The maritime attorneys at Arnold & Itkin LLP represent maritime workers who have been injured on the job. For more information, visit: Jones-Act-Maritime-Lawyer.com and LawyerForYou.com.
For a free consultation, contact a maritime lawyer at Arnold & Itkin LLP by calling toll free 877-398-4972.
