Maritime

John Lane to Speak at TLA Chicago Regional Seminar

The Lane Law Letter

As with so many trainings, meetings, and conferences, the Transportation Lawyers’ Association 2021 Chicago Regional Seminar and Bootcamp, too, will be virtual this year. TLA President John Wilcox will open the Regional Seminar and Bootcamp from Kansas City, Missouri, via Zoom, at 1:00pm CST on January 20th. This online program will feature timely topics that are of interest to attorneys practicing all modes of transportation law. Topics have been chosen based on suggestions received from past attendees as well as recent developments in the law that affect the transportation industry and the practices of all transportation lawyers.

On that opening day, John Lane and Bill Pentecost, of Pittsburgh, will co-chair the Bootcamp segment, “Transportation Law in a Multi-Modal World,” which will address Maritime, Railroad, and Motor Carrier law. In addition, John will give a presentation on Intermodal Law and Commerce, emphasizing the inter-relationship of ocean, rail, and trucking commerce and the rights and liabilities of intermodal equipment leasing companies.

The Bootcamp is designed to introduce transportation law topics to lawyers who are beginning their transportation law careers, but is also attended by seasoned members of the TLA. Other Bootcamp presenters include Dustin Paul of Norfolk (Maritime law), John Fiorilla of New Jersey and Greg Summy of Virginia (Railroad law), and Steve Kennedy of Louisiana, Bridgette Blitch of Florida and Meghan Litecky of Kansas City, Missouri (Motor Carrier law).

The main portion of the Regional Seminar will be conducted on Thursday and Friday, January 21 and 22. The Seminar’s co-chairs are Tom Martin of New Jersey and Jason Orleans of Chicago. Non-members of the TLA are welcome to join us.

To learn more about the 2021 Bootcamp and Regional Seminar and to register, visit https://events.translaw.org/2021/chicago-regional/home/.

Does Admiralty Law Permit Punitive Damages in a Seaman’s Injury Claim Based on Unseaworthiness?

The Lane Law Letter

The Supreme Court rules that it does not, in Dutra Group v. Batterton, decided on June 24, 2019.

“This case asks whether a mariner may recover punitive damages on a claim that he was injured as a result of the unseaworthy condition of the vessel.” With that introduction, Justice Alito began a fascinating history of maritime personal injury claims on behalf of merchant seamen. In maritime and admiralty cases, the federal courts sitting as courts of admiralty “proceed in the manner of a common law court,” as instructed by the Constitution. In Batterton, the Court exercised its jurisdiction to decide that punitive damages are not available in a mariner’s personal injury claim based upon unseaworthiness of the vessel.

Christopher Batterton worked as a deckhand on vessels owned by Dutra Group. His hand was injured when it was caught between a bulkhead and a hatch that blew off as a result of unventilated air accumulating and pressurizing with the compartment.

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Supreme Court Resolves Maritime Product Duty-to-Warn Issue

John C. Lane

The United States Supreme Court is the final arbiter of the Maritime Law, a unique and large body of federal common law, tempered by any controlling Congressional enactments. So, in recently decided Air & Liquid Sys. Corp. v. DeVries, the Court addressed the scope of the duty of a marine product manufacturer to warn of a potential harm from a part that is required to be incorporated into its product. Here, the part to be added contained asbestos, and it allegedly led to the deaths of two Navy sailors. Their families sued the manufacturer of pumps, blowers, and turbines, but not the manufacturer of the asbestos-containing added part that actually caused the harm. The Supreme Court sided with the families.

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