Articles
The “Titanic Law” Has Been Invoked After the Key Bridge Collapse: What Does it Mean When a Limitation of Liability Petition is Filed?
The Limitation of Liability, aka the “Titanic Law,” has been in the news since the M/V DALI crashed into the Francis Scott Key Bridge. On April 1, 2024, the owners of the M/V DALI, Grace Ocean Private Limited and Manager Synergy Marine PTE LTD, filed a Petition for Exoneration From Or Limitation of Liability in…
Read MoreHow a Petition for Limitation of Liability Can Affect Recovery After a Boat Accident
As we approach the warmer weather and recreational boating begins, it is important to know about aspects of the maritime law that affect liability on the water. The Limitation of Liability Act is an arcane law that can limit the amount an injured person or estate recovers when there is a collision or other incident…
Read MoreNTSB Urges Vessel Owners to Provide Personal Locator Devices for Their Crews
Citing numerous instances where the use of personal locator devices could have potentially prevented casualties at sea, the National Transportation Safety Board (NTSB) issued a new safety alert recommending that the owners and operators of vessels equip crew members with personal locator devices. While the U.S. Coast Guard does not yet require the provision of…
Read MoreSchooner Injuries Highlight Risks for Cruise Passengers
A fall foliage cruise aboard the historic schooner S/V GRACE BAILEY turned into a deadly tragedy when, without warning, the vessel’s main mast snapped and dropped to the deck. The mast collapse killed one person and seriously injured three others. Although the cause of the break is still under investigation, speculation suggests that more frequent…
Read MoreRecovery for Scallop Fisherman Injured by Boat Owner’s Refusal to Use the Non-Skid Paint
Some boat owners never learn. Recently, the team at Latti & Anderson recovered a $785,000 settlement for a crew member of a scallop fishing vessel after he seriously aggravated a pre-existing back injury by falling on the slippery deck. This was the third time our team had brought a claim against the owner of the…
Read MoreNational Safe Boating Week: Take the Time to Prevent a Potentially Deadly Accident
While admittedly every week should be a safe boating week, this week’s formal designation as National Safe Boating Week will hopefully call attention to some critical safety measures that people often skip. A little extra time or inconvenience can make the difference between life and death on the open water. While new boaters often do…
Read MoreVessel Owner Can Be Held Liable for Attack by Crewmember
Courts and lawmakers have long treated incidents at sea by different standards than those that apply on land. “Sailors lead a rough life,” courts have noted, observing that they are “more apt to use their fists than office employees.” This characterization of maritime professions has been used as justification for not holding shipowners accountable for…
Read More$22.5 Million Recovery for Mariner Injured in Barge Accident
In a unique case involving complex issues of both admiralty law and state law, Carolyn Latti and David Anderson of Latti & Anderson LLP succeeded in recovering $22.5 million for a mate who suffered the loss of both of his lower legs in a barge accident. Because of the intricate issues and number of potential…
Read MoreCoast Guard Issues New Guidance for Reporting Sexual Misconduct on U.S. Vessels
Victims of sexual misconduct at sea may take some comfort in knowing that the U.S. Coast Guard has established new reporting options and consolidated reporting for all types of sexual misconduct on U.S. flagged vessels. This includes all incidents of “harassment, sexual harassment, or sexual assault” that violate company policy. The “responsible entity” of a…
Read MoreWith the Potential to Predict Rogue Waves, Cruise Ships May Soon Have a Duty to Take Adequate Precautions
Most people had never heard of the phenomenon known as a rogue wave until one such wave made recent headlines by killing a passenger on a Viking cruise ship. The wave smashed into the side of the ship, breaking numerous windows in passenger cabins. A 62-year-old woman was killed after apparently being struck by glass…
Read MoreWomen Working at Sea Face Special Challenges
While women used to be restricted to very specific jobs, today women can be found working in every industry. But in some fields, the number of females remains very limited and are only 2% of the 1.2 million seafarers worldwide. The maritime industry is one of those fields where participation by women is more of…
Read MoreMassachusetts Lawyer Weekly Highlights Advocacy of Maritime Lawyer Carolyn M. Latti
The popular legal news outlet focused on the advocacy efforts of Partner Carolyn M. Latti in the wake of two recent federal court case rulings on seafaring tragedies. Latti decried the meager recoveries provided to families of mariners who lost their lives while working at sea. She explained how the Limitation of Shipowner’s Liability Act…
Read MoreWhat You Can Do If You Are The Victim Of Maritime Harassment
Harassment is not the first hazard people associate with working at sea, but it is a prevalent threat that causes serious harm for many mariners. If you suffered from harassment, aggressive or threatening treatment, or unwelcome sexual advances while working on a boat or ship, you may be entitled to compensation for the harm you’ve…
Read MoreWheelhouse Technology from Sounding Leads to Satellites
New Bedford Fishing Heritage Center’s Wheelhouse Technology from Sounding Leads to Satellites Exhibit June 13, 2019 Latti and Anderson LLP, suggests you set your GPS for 38 Bethel Street New Bedford this Thursday, June 13 at 7 pm for the New Bedford Fishing Heritage Center’s Wheelhouse Technology from Sounding Leads to Satellites Exhibit. This Exhibit…
Read MoreWhat to Do After Hurricane Matthew
Hurricane Matthew hit the Southeastern part of the United States hard. Residents returning to their homes may be confused on what to do next. The Federal Emergency Management Agency has provided some tips to help: Listen to your local officials for instructions and updates Check in with your family and friends via text or social…
Read MoreLongshore Union Leaders Meet Employers for Contract Talks
Members of the International Longshore and Warehouse Union (ILWU), along with their families, friends and other supporters are planning to march in downtown Tacoma, Washington and in San Pedro, California while contract talks between the leaders of the worker-friendly ILWU and the employer-friendly Pacific Maritime Association (PMA) meet in Tacoma. These important contract talks could…
Read MoreLongshore and Harbor Workers
The federal Longshore and Harbor Workers’ Compensation Act provides compensation for lost wages, medical benefits, and rehabilitation services to approximately 500,000 workers nationwide who are not members of a crew of a vessel (i.e., seamen) and who are injured or contract occupational diseases on the navigable waters of the United States or in adjoining waterfront areas such…
Read MoreNegligence Unseaworthiness Traumatic Amputation
Second Mate’s Leg Caught in Mooring Lines During Manual Release: Negligence: Unseaworthiness: Traumatic Amputation: Settlement ATLA Law Reporter August 2006 Benson v. United States U.S. Dist. Ct., D.Me., No. 1:04-cv-00195, Nov. 2005. Benson, 52, was a second mate onboard a roll-on/roll-off cargo ship owned by the United States. He began to release the mooring lines…
Read MoreJones Act Regulatory Basis of Liability
1. Remedies of Seaman for Injury or Death Maintenance and cure under general maritime law Cause of action for unseaworthiness under general maritime Cause of action for negligence under Jones Act 2. Jones Act Also called Merchant Marine Act of 1920, recently recodified at 46 U.S.C. §§ 30104, 30105, 30106(prior to recodification 46 U.S.C., §688…
Read MoreCarolyn Latti Navigates Maritime Law
Massachusetts lawyer navigates maritime law’s rocky shoals to aid injured sailors By Nora Lockwood Tooher Staff writer Boston- Growing up, there were two things Carolyn M. Latti loved doing: sailing and working at her father’s law firm. From the time she was a young girl until she was 18, Latti spent several weeks each summer…
Read MorePain and Suffering Hard to Prove
Massachusetts Lawyers Weekly By Barbara Rabinovitz They are known as merchant seamen — the mates, engineers, captains and others who labor on the large commercial vessels that ply the world’s high seas. Rarely is there a female among them, but in the summer of 2005 there was a “woman merchant seaman,” as a Boston plaintiffs’…
Read MoreAllocation of Settlements in Personal Injury Cases
Allocation of settlements in personal injury cases – a word to the wise Published in the Massachusetts Bar Association, Section Review, Vol. 6, No. 2, 2004 You are about to settle a personal injury case, but there is a workers’ compensation lien on the recovery, a not uncommon situation. Because your responsibility is to maximize…
Read MoreSeaman Falls Through Open Hatch
Negligence: Paraplegia: Verdict ATLA Law Reporter September 2006 Falconer v. Penn Maritime, Inc., U.S. Dist. Ct., D.Me., No. 05-42-B-W, Nov. 22, 2005. Falconer, 43, was employed as a seaman on a tugboat operated by Penn Maritime. While carrying an engine part, he fell 14 feet through an open hatch in the engine room, striking a…
Read MoreDiscoverability of Witness Statements
Published in the Massachusetts Bar Association, Section Review, Vol. 7, No. 2, 2005 Witness statements are customarily considered to be protected attorney work product. However, there is an important exception to this doctrine. Mass.R.Civ.P. 26(b)(3) provides that documents prepared in anticipation of litigation are discoverable “upon a showing that the party seeking discovery has substantial…
Read MoreWorker Scalped by 20 Ton Block on Scallop Boat
By Alyssa Cutler Massachusetts Lawyers Weekly June 27, 2005 Related Articles: October 21, 2004 Plaintiff successfully sought vessel as security; was auctioned off for $1.7 million $2 million settlement On Nov. 25, 2003, the plaintiff was working on deck of the defendant scallop vessel. The crew was in the process of hauling back and unloading…
Read MoreScalloper Sold at Auction
By Becky W. Evans The Standard-Times October 21, 2004 Related Articles: June 27, 2005 FAIRHAVEN – Fishermen gathered around the rusty-sided Georgie J yesterday at the Fairhaven Shipyard & Marina to cast bids during an auction for the 38-year-old scalloping boat. Bidding, which began at $1 million, escalated quickly as four men fought for ownership…
Read MoreMen Perish on Boat Rare Suffering Damages
Men Perish on Boat; Rare Suffering Damages Awarded Such Cases Usually Focus on Economic Support By Tony Wright Massachusetts Lawyers Weekly April 5, 2004 Related Articles: March 11, 2004 November 2, 2002 January 10, 2002 January 3, 2002 August 4, 1999 (Families) August 4, 1999 (Raised) July 28, 1999 May 7, 1999 May 6, 1999…
Read MoreVictims’ Families Win Suit Against Cape Fear Owner
Victims’ families win suit against Cape Fear owner By Curt Brown and David Kibbe The Standard-Times March 11, 2004 Related Articles: November 2, 2002 January 10, 2002 January 3, 2002 August 4, 1999 (Families) August 4, 1999 (Raised) July 28, 1999 May 7, 1999 May 6, 1999 BOSTON – A U.S. District Court jury yesterday…
Read MoreBoating Mishaps Harder to Investigate
By Ray Carbone Foster’s Sunday Citizen June 8, 2003 Investigators who probe boating accidents – such as the one that killed John Hartman on Lake Winnipesaukee last summer, for which a Meredith man is now being tried in Belknap Superior Court – face some special challenges. They can include everything from a paucity of physical…
Read MoreStarbound Families Settle Civil Suit
Starbound Families Settle Civil Lawsuit With Owner Reach Agreement For Undisclosed Amount By Dexter Van Zile National Fisherman December 2002 Related Articles: September 28, 2002 October 12, 2001 August 25, 2001 August 21, 2001 (The Boston Globe) August 21, 2001 (Boston Herald) August 21, 2001 (Portland Press Herald) August 18, 2001 August 7, 2001 Fishermen…
Read MoreTop Jury Verdicts of 2001 Injury Aboard Ship
The Top Jury Verdicts of 2001, #6: Injury Aboard Ship Leads To Admiralty Verdict Case Turned On Critical Internal Company E-Mail By Marissa Yaremich Massachusetts Lawyers Weekly January 14, 2002 Related Articles: May 28, 2001 May 19, 2001 Life at sea is considered one of the most physically grueling and dangerous occupations on earth. The…
Read MoreCourt Nixes Cap on Cape Fear Damages
By David Kibbe The Standard-Times Related Articles: April 5, 2004 March 11, 2004 January 10, 2002 January 3, 2002 August 4, 1999 (Families) August 4, 1999 (Raised) July 28, 1999 May 7, 1999 May 6, 1999 BOSTON – A federal appeals court yesterday upheld the U.S. District Court ruling that the Cape Fear was overloaded…
Read MoreFinal Settlement Reached in Tanker’s Sinking of Boat
Final Settlement Reached In Tanker’s Sinking Of Boat By Jules Crittenden Boston Herald Related Articles: December 2002 October 12, 2001 August 25, 2001 August 21, 2001 (The Boston Globe) August 21, 2001 (Boston Herald) August 21, 2001 (Portland Press Herald) August 18, 2001 August 7, 2001 The final part of a complex $7.5 million settlement…
Read MoreNew Cape Fear Lawsuits Target Marine Architects
By Jack Stewardson The Standard-Times Related Articles: April 5, 2004 March 11, 2004 November 2, 2002 January 3, 2002 August 4, 1999 (Families) August 4, 1999 (Raised) July 28, 1999 May 7, 1999 May 6, 1999 The families of two fishermen lost in the sinking of the Cape Fear three years ago are seeking to…
Read MoreJudge Says Cape Fear Wasn’t Seaworthy
Judge: Cape Fear Wasn’t Seaworthy Jury Will Decide Monetary Damages By David Kibbe The Standard-Times Related Articles: April 5, 2004 March 11, 2004 November 2, 2002 January 10, 2002 August 4, 1999 (Families) August 4, 1999 (Raised) July 28, 1999 May 7, 1999 May 6, 1999 BOSTON – A federal judge ruled yesterday that, because…
Read MoreCarolyn M. Latti Lawyer of the Year 2001
Carolyn M. Latti Lawyer of the Year 2001 Lawyers Of The Year 2001 – Carolyn M. Latti By Marissa Yaremich Massachusetts Lawyers Weekly Carolyn M. Latti loves to use her lawyering skills to shake up the old school mentality that “life on the water” is a men’s-only club. As the only female attorney in Massachusetts…
Read MoreLegal Stage Set for Portland Judge to Decide Fault in Starbound
Legal Stage Is Set For Portland Judge To Decide Fault In Starbound Sinking The Tanker Virgo’s Owners File Documents Blaming The Fishing Boat For A Collision That Killed Three Of Its Crew By John Richardson Portland Press Herald Related Articles: December 2002 September 28, 2002 August 25, 2001 August 21, 2001 (The Boston Globe) August…
Read MoreBoating Case has Major Significance for Maritime Law
Boating Case has Major Significance for Maritime Law Boating Case Has Major Significance For Maritime Law By Elizabeth Johnson Massachusetts Bar Association, Lawyers Journal October 2001 When a group of Massachusetts eight graders became involved in a serious boating accident on a New Hampshire lake – the young driver of the boat ran over his…
Read MoreTanker Firm Posts $13 Million for Lawsuits
By Jules Crittenden Boston Herald Related Articles: December 2002 September 28, 2002 October 12, 2001 August 21, 2001 (The Boston Globe) August 21, 2001 (Boston Herald) August 21, 2001 (Portland Press Herald) August 18, 2001 August 7, 2001 Suspected killer tanker Virgo will be free to leave Canada Monday after posting a $13 million bond…
Read MoreFederal Suit Filed Against Suspect Tanker’s Owner Operator
Starbound Widow’s US Case Follows Action In Canada By Brian MacQuarrie The Boston Globe The widow of a Maine fisherman who died in the Aug. 5 sinking of the trawler Starbound filed suit yesterday in US District Court in Boston against the owner and operator of the Russian tanker that allegedly collided with the vessel.…
Read MoreFamily of Starbound Victim Files Second Lawsuit
Family Of Starbound Victim Files Second Lawsuit, This One In U.S. With the ship suspected in the sinking berthed in Canada, the Sanfilippos argue the case belongs in a New England court. By Bart Jansen Portland Press Herald WASHINGTON – Relatives of a Maine fisherman killed in the sinking of the Starbound filed a second…
Read MoreFisherman’s Widow Files $6 Million Suit
Fisherman‘s Widow Files $6M Suit By Boston Herald Staff Boston Herald The widow of a Maine fisherman killed when the Russian tanker Virgo allegedly struck his boat off Cape Ann sued the ship’s owner for $6 million in federal court in Boston yesterday. Aimee L. Sanfilippo, whose husband James Sanfilippo died Aug. 5 along with…
Read MoreFederal Suit Filed Against Suspect Tanker Owners
Federal Suit Filed Against Suspect Tanker’s Owner, Operator Starbound Widow’s US Case Follows Action In Canada By Brian MacQuarrie The Boston Globe The widow of a Maine fisherman who died in the Aug. 5 sinking of the trawler Starbound filed suit yesterday in US District Court in Boston against the owner and operator of the…
Read MoreMaine Fisherman’s Widow Files Suit Against Tanker
Maine Fisherman’s Widow Files Suit Against Tanker By Dave Wedge Boston Herald The widow of one of three New England fishermen drowned when a Russian vessel allegedly plowed into and sank their trawler lodged a $6 million wrongful death lawsuit in a Canadian court yesterday. Aimee Lynne Sanfilippo, widow of James Sanfilippo, filed suit in…
Read MoreHit and Run Ship Sought
The Coast Guard Searches For The Large Ship That Collided With A Maine Fishing Boat, Sinking It And Apparently Killing Three Men. By David Hench Portland Press Herald CHRONOLOGY Just before 1 a.m. Sunday, James Sanfilippo, a crewman aboard the fishing boat Starbound, reportedly notices a large ship heading toward the much smaller vessel. He…
Read MoreSeaman Gets $2.5 Million Jones Act Verdict
Seaman Gets $2.5M Jones Act Verdict By Paul D. Boynton Massachusetts Lawyers Weekly May 28, 2001 An ship engineer who suffered debilitating leg injuries on board a vessel recently obtained a $2.5 million jury verdict under the federal Jones Act, according to his attorney, Carolyn Latti of Boston. The Jones Act lets ship employees injured…
Read MoreMariner Awarded $2.8 Million in Suit
Mariner Awarded $2.8 Million In Suit By John Doherty The Standard-Times May 19, 2001 WAREHAM – A Wareham mariner has won a $2.8 million award from an Exxon subsidiary after a federal jury ruled yesterday the company was negligent in an accident that broke the sailor’s leg. Carlos Castro had worked 24 years for Seariver…
Read MoreMaritime Attorney Wins Million Dollar Verdicts
By Nancy Drucker The Standard-Times 1985 NEW BEDFORD – He is a tough, aggressive lawyer who recently won a $1.7 million award from Hathaway Machinery. The result: The 75-year-old New Bedford company has filed for bankruptcy. Twenty years ago, that same lawyer was just as aggressive. A company that insured 100 New Bedford fishing boats…
Read MoreSalvaged Families Fear Owner Will Put it Back to Sea
By Staff The Standard-Times NEW BEDFORD – Now that the Cape Fear has been raised from the ocean floor, the families of two crewmen who died when the ocean quahogger went down in January fear the vessel will be sent back to sea. The families of Steven Reeves and Paul Martin, the two crewmen who…
Read MoreSigns of Wreck Stir Pain and Anguish
Signs Of Wreck Stir Pain, Anguish By Jack Sullivan Boston Globe Nearly one year after the fishing boat Atlantis and its five crew members were swallowed by the sea without a trace, a Boston based marine lawyer says he has found the ill-fated trawler lying on the ocean floor, 300 feet below the surface and…
Read More