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Since the enactment of the Jones Act, courts have wrestled to define "seaman" and who is entitled to remedies under the Jones Act.
Harbor Tug and Barge Co. v. Papai, 520 U.S. 548 (1997); Chandris, Inc. v. Latsis, 515 U.S. 347 (1995); McDermott International, Inc. v. Wilander, 498 U.S. 337 (1991).] This is especially evident given the recent en banc decision in Sanchez v. Smart Fabricators of Texas, L.L.C., No. 19-20506,2021 WL 1882565 (5th Cir. May 11, 2021) ( en banc) (Davis). In Sanchez, the Fifth Circuit overturned a three-judge panel decision and reinstated a district court's holding that a land-based welder allegedly injured while working on a jacked-up drilling rig failed to meet the definition of a "seaman" t...
May 14, 2021 By David Murray In a ruling closely watched by maritime interests, the full, 17-member United States Court of Appeals for the Fifth Circuit narrowed the tests for a determination of who counts as a “seaman” under the Jones Act. The Fifth Circuit had taken the case “en banc,” meaning all 17 judges (plus a retired senior judge) took part to resolve some conflicts among existing cases and precedents concerning who qualified for Jones Act status. Maritime attorney Matt Moeller told The Waterways Journal, “Th...
ADVERTISEMENT ADVERTISEMENT Full 5th Circ. Says Oil Rig Welder Not A Seaman Law360 (May 11, 2021, 8:00 PM EDT) -- The full Fifth Circuit declared Tuesday that a welder alleging he was injured while working on a drilling rig can't sue under the Jones Act, walking back an earlier circuit ruling in which a panel said it was precedent-bound to determine that the man qualified as a seaman. The en banc opinion overturns a three-judge panel's August decision and reinstates the district court's holding that Gilbert Sanchez failed to meet the definition of a seaman under the Jones Act, which gives q...
What’s your prognosis for the season? After a whirlwind year, the team’s future seems to still be pretty damn bright, right? I have absolutely no idea. It feels like the Lakers just won the championship and now all of a sudden there are preseason games happening — Giannis isn’t going to be a Raptor — so my whole understanding of the basketball world is a little disjointed, to say the least. I think the Raptors have absolutely set themselves up as the type of San Antonio Spurs-type organization that will be a model organization. It’s no longer an afterthought in free agency even...