Maritime Litigation and Dispute Resolution

Complex Litigation and Arbitration

Complex and multi-jurisdictional litigation and class actions often involve sensitive corporate issues and significant corporate exposures. We argue, advocate, and arbitrate, as well as litigate, before international tribunals, government agencies and in state and federal courts. Our firm is regularly involved in cases of major importance such as Deepwater Horizon and Hijacking of MAERSK ALABAMA.

Environmental

Our maritime attorneys work collectively with our maritime regulatory and environmental litigation teams on issues resulting from vessel pollution incidents, pipeline spills, discharges, fishery claims, and wetland restoration, Subchapter M and regulatory disputes, OPA 90, and toxic tort exposure. Our experience includes investigating US Coast Guard incidents, Bureau of Safety and Environmental Enforcement, OSHA, maritime emergency and casualty response.

Insurance

Jones Walker's maritime insurance practice includes issues such as broker's and agent's liability, subrogation, fraud, and insurance coverage analysis and resolution including cargo liability, charterer's legal liability, excess liability, freight, demurrage, hull and machinery insurance, pollution liability, protection and indemnity insurance, anti-indemnity disputes, towage, and wharfinger's liability.

Maritime Emergency and Casualty Response

Being prepared to respond to a catastrophic event or maritime emergency means having a well-coordinated and tested casualty response and investigation plan adapted to your company’s specific needs in place. The Jones Walker maritime emergency and casualty response team has extensive experience partnering with clients in matters involving maritime disasters, collisions, allisions, contamination claims, oil pollution response, environmental damage claims, salvage, and wreck removal. We are available 24/7 to assist clients in preparing for and handling not only the immediate response but also the subsequent business, financial, regulatory, criminal, litigation, and public relations consequences of a marine casualty, whether major or minor.

Personal Injuries, Illness, and Death

We daily advise on matters involving employment-related injuries and death such as personal injury and wrongful death claims, claims of Jones Act seamen, Longshore and Harbor Workers' Compensation Act, Louisiana Workers' Compensation Act, Jones Act sexual harassment, maintenance and cure, blue and brown water injuries, and offshore platform claims.

White Collar Defense and Investigations

Our white collar defense & investigations attorneys have been recognized and honored in their representation of individuals and companies before grand juries and in federal and state courts at both the trial and appellate levels. We are a team of experienced trial attorneys who have conducted hundreds of jury trials and investigations in both government and private practice.

Representative Matters

Collision & Marine Casualty

• Represented the owner of a dock and its insurer in a matter resulting from a Chinese-flagged bulk tanker alliding with the insured’s dock in the Houston Ship Channel. The dock was substantially damaged in the allision. An ocean-going barge alongside the dock at the time of the incident also sustained damage. The dock owner, the barge interests, and the Port of Houston Authority brought in rem claims against the vessel and in personam claims against the vessel’s owners, and a stevedore working on the dock that night sued for personal injuries. The vessel’s owners initiated suit under the Limitation of Liability Act seeking to limit their liability to the purported value of the vessel, $19.25 million.
• Represented a major international cruise line facing product liability issues in comprehensive litigation strategy and support involving generating and propulsion symptoms.
• Represented the plaintiff oil and gas exploration companies in their claims for approximately $50 million in damages sustained in connection with the emergency disconnect of a mobile offshore drilling unit at a deep-water well located in the Gulf of Mexico. The claims by plaintiffs included property damage, increased expenses and incidental costs, cost of repairs, damage to the well, delays in production, loss of production, repairs, delays, legal fees and other incidental expenses and disbursements, and involved claims against a foreign entity in Brazil, interpretation of various contractual provisions in a master service agreement and significant damages.
• Represented the owner of a dock in a multi-million property damage and loss of use claim arising out of an allision in St. James, Louisiana. The offending vessel broke away from another dock across the Mississippi River, drifted across the river and slammed into our client’s dock, causing significant property damage and resulting in oil spilling into the Mississippi River. Jones Walker handled the initial investigation and response and initiated a vessel arrest to secure security for the claim. Significant multi-party litigation ensued for three years, ending in a week-long bench trial that resulted in the client obtaining judgment in excess of $10 million.

• Represented the owner of a crane barge that was being pushed by a third-party tugboat. The third-party tugboat attempted to traverse under a lower span of the Sunshine Bridge in Convent, Louisiana, and, in doing so, became stuck, causing significant damage to the underside of the bridge and resulting in the bridge being shut down for approximately four months. The incident resulted in a class action lawsuit in state court and a Limitation proceeding filed in federal court by the third-party tugboat. In addition, we represented the client in connection with investigations by the US Coast Guard and the National Transportation Safety Board, including representation at an eight-day public hearing.

• Represented a client in connection with a collision between towing vessels meeting on the Gulf Intracoastal Waterway in the vicinity of Port Bolivar, Texas, which resulted in a barge fire and significant spill response. This representation included the on-scene investigation and participation in the spill response related to the casualty; the participation and handling of the post-casualty NTSB and US Coast Guard investigations and proceedings; and the personal injury and property damage litigation as a result of the casualty filed in the US District Court in Louisiana.
• Represented a barge and cargo owner in the US Coast Guard investigation and hearing involving a collision in the Mississippi River off New Orleans between a downbound tanker vessel and a tug pushing the barge, resulting in a discharge of fuel oil into the river and the closing of a 100 mile stretch of the Mississippi River between New Orleans and the Head of Passes for six days.

Commercial Disputes

• Representing a client on its commercial relationship with its Mexican partner as well as the myriad permits and approvals needed to operate a cable laying vessel in Mexico.
• Represented a holder of four preferred ship mortgages on three liftboats, in litigation to enforce the preferred ship mortgages. 
• Represented a vessel owner and vessel in an arrest proceeding arising out of the worldwide collapse of the OW Bunker conglomerate. The matter involved competing maritime lien claims, totaling over $1.4 million, and is one of several suits pending across the country arising out of the same worldwide collapse. 
• Represented several oil companies in litigation involving breach of contract/warranty and products liability arising out of the failure of a mooring system for a deep-water semi-submersible drilling rig operating in 7800 feet of water on the Outer Continental Shelf off the Coast of Louisiana.
• Represented a manufacturer of specialized offshore structures and marine vessels used in the energy sector in a breach of contract litigation matter involving the two plus year construction of the world's tallest offshore jacket structure.
• Represented a holder of a maritime lien for necessaries in vessel seizure action against a floating production rig. The rig owner challenged jurisdiction and lien holders’ rights under maritime law, but the maritime lien holder successfully overcame the jurisdictional and lien challenges.

Complex Litigation and Arbitration

• BP Oil Spill/Deepwater Horizon: Represented an oilfield tool manufacturer and offshore service company in the investigation and defense of claims stemming from the blowout of a deep water well and subsequent release of hydrocarbons in the Gulf of Mexico. Our representation included emergency response, US Coast Guard investigations and the defense of personal injury, property damage, and economic loss claims in the multi-district litigation in federal court.
• Helms Burton Act: Defense counsel to major international cruise line cases filed under the Helms-Burton Act alleging that the plaintiffs own certain port facilities in Havana and Santiago de Cuba and that the cruise line has trafficked in those assets by docking their cruise ships there.
• Hijacking of MAERSK ALABAMA: Represented the owner and operator of the vessel in investigating and defending lawsuits brought by members of the crew arising out of an incident involving Somali pirates in the Indian Ocean. The incident was the first boarding of a US flag vessel by pirates since the early 19th Century.
• Mississippi River Oil Spill: Represented a major inland marine transportation company in the investigation and defense of claims arising from a collision resulting in the largest oil spill to-date on the Mississippi River. Our team coordinated oil spill response and clean-up, instituted limitation of liability proceedings, defended multiple lawsuits in federal court, participated in hearings before the US Coast Guard and the US Congress and other administrative proceedings at the National Pollution Funds Center, and served as trial counsel in the trial of the limitation of liability case.
• Bay of Campeche Sinking of DLB 269: Represented the owner and operator of a derrick lay barge which sank in Mexican waters during Hurricane Roxanne. Our involvement included the investigation of the incident and the defense of lawsuits filed in both Texas and Louisiana involving over 200 claims alleging personal injury and wrongful death.
• OCEAN RANGER Sinking: Represented a Japanese shipyard in claims brought by the owners, operators and charterers of the MODU Ocean Ranger, at that time, the world’s largest semisubmersible drilling rig, involving its sinking and loss of its 84 member crew in the Atlantic Ocean, off the Grand Banks of Newfoundland.

Environmental

• Represented the insurer and a shipyard in joint cases alleging that the shipyard and its subcontractors released harmful pollutants, including silica and lead dust, into an adjoining neighborhood over the course of over 30 years in Golden Meadow and Larose, Louisiana. Over 70 plaintiffs have sought damages for personal injury as well as property damage. We are defending the insurer against the underlying mass tort litigation as well as addressing complex coverage issues pending in Louisiana state court, including the pollution exclusion and pro-ration of defense and indemnity. 
• Represented a contractor on the Deepwater Horizon incident and related oil spill issues.
• Represented a marine operator in the largest reported oil spill in the Mississippi River.
• Represented pipeline interests in oil spills involving alleged damage to oyster reefs and fisheries.
• Represented exploration companies in coastal restoration litigation.
• Represented vessel owners in hearings on emissions and discharge claims, including dust, spills, and failing to reporting matters.

Insurance

• Represented an offshore service company in seeking indemnity and separate insurance coverage under a master charter party and then pursuing collection of a judgment from London underwriters for denying coverage and brokers for the coverage allegedly misplaced.
• Represented E&P companies in seeking indemnity and insurance coverage under the Louisiana and Texas anti-indemnity acts.
• Represented a vessel owner in pursuing direct action against underwriter for denial of coverage following a marine incident.
• Provided advices to underwriters concerning scope of coverage under policies of insurance.

Personal Injuries, Illness, and Death

• Representing an oil and gas company in the investigation and defense of claims stemming from the explosion of an oil and natural gas storage rig in Lake Pontchartrain. Our representation includes emergency response and the defense of personal injury and prosecution of property damage claims filed in both federal court and Louisiana state courts.
• Represented a client in a matter involving a platform explosion resulting in claims of Jones Act negligence and unseaworthiness.
• Represented a metal recycling and shipbreaking company in the investigation and defense of claims stemming from the explosion of a barge in the Port of Brownsville, TX. Our representation included emergency response, the defense of personal injury, property damage, and economic loss claims in litigation filed in federal and state court. Our representation also included defense of an OSHA investigation.
• Represented a defendant in a case involving a plaintiff alleging he was burned on an offshore natural gas platform in the Gulf of Mexico as a result of a fire caused by defective equipment, natural gas, and static electricity. Through cause and origin experts and DNA evidence, Jones Walker’s litigators proved the plaintiff’s claim was false and the jury returned a defense verdict in favor of our client.
• Represented an insurance company and the insured in a matter resulting from a Chinese-flagged bulk tanker alliding with the insured’s dock in the Houston Ship Channel near Sims Bayou. The dock was substantially damaged in the allision. An ocean-going barge was alongside the dock at the time of the incident and sustained property damage. The dock owner, the barge interests, and the Port of Houston Authority brought in rem claims against the vessel and in personam claims against the vessel’s owners, and a stevedore working on the dock that night sued for personal injuries. The vessel’s owners initiated suit under the Limitation of Liability Act seeking to limit their liability to the purported value of the vessel, $19.25 million.
• Represented the vessel owner, bareboat charterer and time charterer in 11 personal injury suits arising out of the attempted hijacking of the US-flagged M/V MAERSK ALABAMA by four Somali pirates in the Indian Ocean.
• Represented a Jones Act employer drilling contractor in a suit brought by an employee for injury caused by malfunction of oil well drilling equipment. The contractor asserted a maritime products liability claim against the third party manufacturer of the defective equipment.
• Represented the employer of a foreign seaman (UK resident), in action brought by the employee in Harris County, TX for injuries sustained in a work-related accident in international waters. A favorable settlement was obtained at a mediation after the employer retained investigators in the UK who confirmed through surveillance that plaintiff’s claims were not as serious as claimed.
• Represented an offshore drilling contractor in a suit brought by the estate of a US employee who died of a heart attack while working on a drilling rig in international waters. The issues involved the extent of adequate emergency medical care owed on remote offshore facilities.
• Represented the Jones Act Employer against claims by an employee who suffered a non-fatal heart attack while working offshore. The employee blamed company physicians for negligently clearing him to work offshore and involved the applicability of state medical malpractices statutes.

White Collar Defense and Investigations

• Represented Captain Birzakovs in the six count indictment of MARPOL/pollution/environmental and obstruction of justice charges by grand jury in the Western District of Louisiana.
• Represented the owner and operator of an Integrated Tug-Barge in an admiralty exoneration/limitation action and in a related US Coast Guard marine investigation arising out of the sinking of the F/V PATRIOT and the loss of its crew off the coast of Massachusetts.
• Represented a major oil company in an admiralty limitation action and personal injury and death lawsuits arising out of an oilfield explosion caused by a pipe laying barge rupturing an infield natural gas line located in an oilfield in the Mississippi River Delta.