The owner of the MISS SYLVIA filed a limitation action, and the court ordered all claims to be filed by September 12, 2016. In our May 2020 Update, we addressed the injury to a laborer on the M/V ATLANTIC GRACE when the vessel was struck by the M/V MISS SYLVIA. Sturley of the University of Texas Law School for bringing these cases to our attention.Īnother suit by a laborer on a vessel was untimely when it was brought after the default date in a limitation action Payne v. 20-105) to address whether a claimant seeking disability benefits under the Social Security Act forfeits an appointments-clause challenge to the appointment of an administrative law judge by failing to present that challenge during administrative proceedings. On November 16, 2020, the Supreme Court agreed to hear two appeals in Social Security cases ( Carr v. SEC ( see October 2019, January 2020, and September 2020 Updates). The courts continue to address the ramifications of the Supreme Court’s decision in Lucia v. On November 16, 2020, the United States Supreme Court declined to grant Big Port’s petition for a writ of certiorari that posed the question: Whether the Second Circuit erred in recognizing a cause of action for a party seeking to avoid arbitration and in concluding that courts have remedial power-untethered to any federal statute and unconstrained by this Court’s precedents governing the grant of injunctive relief-to issue injunctions against arbitration? The dispute between China Shipping and Big Port Service over the supply of bunkers to China Shipping’s vessels resulted in the Second Circuit giving effect to a judgment in Singapore and affirming the injunction that enjoined the efforts of the bunker supplier to arbitrate the case (April 2020 Update and June and September 2020 Updates with respect to a request for attorneys’ fees). On November 4, 2020, a jury in the Civil District Court for the Parish of Orleans, Louisiana, returned a verdict against two stevedoring companies and one shipping company of more than $10 million in favor of a longshore worker who was diagnosed with mesothelioma in connection with his exposure to asbestos while employed at the waterfront and his exposure to asbestos taken home by his father from work. All three members of the panel concurred and suggested that the court’s precedents interpreting the nature element of the test of seaman status should be reconsidered by the full court in order “to bring our jurisprudence in line with Supreme Court case law.” On October 30, 2020, the Fifth Circuit agreed to rehear the case en banc. 14, 2020), holding that a welder who was injured on a drilling rig that was jacked up adjacent to an inland pier presented a fact question of seaman status. In our September 2020 Update we discussed the opinion of the panel of the Fifth Circuit in Sanchez v. December 2020 Longshore/Maritime Update (No.
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