Next Committee Business MeetingOur next AMLC Business Meeting will be held via conference call on September 18, 2014 at 12:30 EST / 9:30 PST (Committee Business Meetings are held on the third Thursday of each month). The dial in instructions are as follows:
Dial-In Number – (866) 646-6488
Conference Code - 1885350536
1. Introduction (Pam Palmer)
2. Maritime Law Association Developments and Fall Meeting (John Kimball)
3. TIPS Law Journal Survey Issue (Jessica Martyn)
4. Tulane Event (Chris Nolan)
5. Vessel Arrest CLE (Robert Gardana)
6. TIPS Napa Fall Meeting (Pam Palmer)
7. ACI Admiralty Conference (Chris Nolan)
8. ABA Houston Mid-Year Meeting (Pam Palmer)
9. Annual Meeting CLE – Chicago 2015 (Palmer Palmer/Donald Mau)
10. Young Lawyer Writing Competition (Jessica Martyn)
11. Law Student Writing Competition (Jim Koelzer)
12. Other Business
If you are unable to attend but are interested in any of the above topics please feel free to email Pam Palmer at: firstname.lastname@example.org
Monthly Admiralty and Maritime Law Committee Meeting Minutes
James W. Bartlett III, Jason H. Baruch, Sam Blatchley, Christina Bolmarcich, Richard A. Branca, Philip C. Brickman, Blythe Daly, Mark Dicicco, Bartley J. Eckhardt, Robert L. Gardana, Sarah Yantakosol Gayer, Alexander Giles, Aaron Greenbaum, Christopher Hamilton, Grady S. Hurley, James P. Koelzer, Jessica Martyn, Donald “Andy” Mau, Chris Nolan, Dan Peacock, Scott Richards, Pamela L. Schultz, Imran Shaukat, Alan Swimmer, Douglas W. Truxillo, William “Sandy” Welte
1. Introduction by Jessica Martyn (email@example.com)
2. Dize v. Association of Maryland Pilots Update by Jim Bartlett (firstname.lastname@example.org)
Jim represents the Association of Maryland Pilots. Dize was the Assistant Station Manager at the Pilot Transfer Station/Maintenance and Repair Facility of the Association of Maryland Pilots. Dize brought a Jones Act negligence action for injuries allegedly sustained while sandblasting a boat hull. In Chandris, Inc. v. Latsis, 515 U.S. 347 (1995), the Supreme Court held that, to qualify as a “seaman” under the Jones Act, an employee must have a connection to a vessel in navigation (or an identifiable group of such vessels) that is substantial in terms of both its duration and its nature. With respect to the “duration” element of that requirement, the Court endorsed a rule of thumb that a worker who spends less than about 30 percent of his time in the service of a vessel in navigation should not qualify as a seaman under the Jones Act. The trial court, intermediate appellate court, and Maryland’s highest court all agreed that Dize could not prevail because he was not a seaman. Dize filed a petition for a writ of certiorari on April 18th presenting the question of whether, when applying the Chandris thirty-percent rule, a court may consider the time a maritime worker spends in the service of a vessel in navigation that is moored, dockside, or ashore, or whether a court must categorically exclude such time. Briefing on the writ is complete and the parties should know whether the petition will be granted by the week after the U.S. Supreme Court’s September 29th conference.
For more information, see Dize v. Association of Maryland Pilots.
3. Napa Fall Meeting Planning Update by Pamela Schultz (email@example.com)
The ABA TIPS Fall Leadership Meeting 2014 is scheduled for October 15-19, 2014 in Napa, California. Pamela Schultz advised that the AMLC is currently planning to host a social event on Friday afternoon, potentially at Duckhorn Vineyard or Paraduxx. There has been a great deal of interest from various TIPS committees in joining in an outdoor Napa-esque event. Anyone interested in helping to plan an AMLC social event during the Napa meeting should contact Pamela or Pam Palmer (PPalmer@mpplaw.com)
4. Newsletter Update by Chris Nolan (firstname.lastname@example.org)
Chris has lined up the next four in-house counsel for the Newsletter’s Trade Talk article. The October 2014 issue will feature Gavin Black, in-house counsel for Moran Shipping. The October issue will also include the winning submissions from the AMLC/SEALI Young Lawyer Writing Competition and the AMLC Law Student Writing Competition.
5. TIPS Law Journal Survey Update by Jessica Martyn (email@example.com)
Jessica is currently recruiting authors for this year’s admiralty law survey article and a lead author for next year’s survey article. The focus this year is on cases at the circuit court level and regulatory changes.
6. Vessel Arrest Webinar/CLE Update by Bob Gardana (firstname.lastname@example.org)
Bob is putting together a CLE on vessel arrests to be potentially presented as a live CLE and/or webinar during the ABA Midyear Meeting in Houston from February 4-10. The current idea is that the CLE will provide the nuts and bolts of vessel arrests, focus on yacht arrests but may include ship arrests as well, will explore the economic issues and difficulties that U.S. Marshals encounter, potentially will include a U.S. Marshal as a guest speaker, and will include a vessel arrest case law update. Bob is currently seeking volunteers to form a subcommittee to work with him on this CLE.
7. Houston ABA Midyear Meeting Update by Chris Nolan and Richard Branca (email@example.com)
The American Conference Institute’s Admiralty and Maritime Claims and Litigation Conference will immediately precede the ABA Midyear Meeting from February 4-10 in Houston. Currently there is a proposal for the AMLC to coordinate a port tour on Thursday of the ABA meeting. The AMLC business meeting will take place at the conference hotel or at a law firm in connection with the potential vessel arrest CLE on Friday. Richard Branca will coordinate with Bob Gardana to discuss the potential for Royston Rayzor to host the CLE and AMLC meeting and to approach Brian Miller to assess whether the ABA TIPS Appellate Advocacy committee may be interested in co-hosting an event with the AMLC. Anyone interested in assisting with the Houston meeting should contact Bob Gardana and Richard Branca.
8. Chicago 2015 Annual Meeting CLE by Sam Blatchley (firstname.lastname@example.org) and Andy Mau (email@example.com)
Sam and Andy discussed Andy’s proposal to present a CLE regarding enforcement of settlement agreements in conjunction with another ABA committee. The CLE will focus on what should and should not be included in settlement agreements, client actions that lead to dissolution of settlement agreements and seamen’s releases. Given BP’s recent related issues, this seems to be a topic that is in the spotlight and relevant to many other practice areas as well.
Admiralty Practice in the 21st Century: Navigating Which Circuit Splits Will Lead to a Supreme Court Review
Sponsored by the American Bar Association (ABA) – Tort Trial and Insurance Practice Section (TIPS) Admiralty and Maritime Law Committee and the Mariners Club of Massachusetts.
Please join us at Holland & Knight's Boston office during the 2014 ABA annual meeting for a discussion by the TIPS Admiralty and Maritime Law Committee. The committee will address key circuit splits involving maritime issues that may be ripe for Supreme Court review.
The presenters will explore splits concerning the application of the Safe Port Doctrine and the Fire Defenses of the Carriage of Goods by Sea Act and the Fire Statute, as well as the removability of maritime cases.
Attendees will receive copies of two articles prepared by the speakers in connection with a writing competition for young lawyers sponsored by the TIPS Admiralty and Maritime Committee.
Introductions: Pamela Palmer, Christopher R. Nolan
Moderator: Raymond Waid
Presenters: Donald A. Mau, J. Ben Segarra
Thursday, August 7, 2014
3:30 - 4:30 pm
Holland & Knight
10 St. James Avenue, 11th Floor
Boston, MA 02116
Reception Sponsored by Pierce Atwood LLP to follow at:
M.J. O'Conner's Irish Pub
27 Columbus Avenue
Boston, MA 02116
ABA/TIPS/AMLC - VIDEO - Update Re Revisions to German Maritime Law by Dr. Christoph Schroeder of CMS Hasche Sigle
Below is a link to the audio and PowerPoint presentation by Dr. Christoph Schroeder of CMS Hasche Sigle as presented to the ABA/TIPA/AMLC on March 20, 2014.
Admiralty & Maritime Law Committee Law Student Writing Competition - Submit Your Essay Today!
The Admiralty and Maritime Law Committee is holding its Annual Writing Competition for law students. Please view the writing competition flyer and writing competition rules for more information.
ABA TIPS Spring Meeting Update: On Friday April 26 at the TIPS Spring meeting, the AMLC hosted a panel at Holland & Knight’s offices that included individuals from government and private industry speaking on maritime law and issues.
After the panel, Ted Dunlap of RTI graciously sponsored a trip to Annapolis for a sailboat race, followed by refreshments at the Eastport Yacht Club. Thank you RTI!
AMLC Inaugural Podsail Podcast: Listen to host and AMLC Immediate Past Chair Chris Nolan, Partner at Holland and Knight LLP, lead a discussion featuring Philip Brickman, Partner at Fowler Rodriguez Valdes-Fauli, and special guest Laurie Sands, AMLC Chair and Counsel at Riker Danzig Scherer Hyland & Perretti LLP. Phil chats about oil spill casualties and response, client experiences and expectations, and the New Orleans maritime practice in this 20 minute AMLC Inaugural Podsail Podcast.
Second Podsail Podcast: Listen to host and AMLC Immediate Past Chair Chris Nolan, Partner at Holland and Knight LLP, lead a discussion featuring AMLC committee member Liz Burrell, Counsel at Curtis Mallet and Past President of the Maritime Law Association. Liz chats about an international law practice, women in shipping and the practice of law, business generation, advice for law students and young lawyers, and the MLA and ABA's long history together. Uploaded March 8, 2013.Also, please follow the AMLC on Twitter and LinkedIn.