Articles

What 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 … Continue reading What to Do After Hurricane Matthew

Longshore Union Leaders Meet Employers for Contract Talks

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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 … Continue reading Longshore Union Leaders Meet Employers for Contract Talks

Longshore and Harbor Workers

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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 … Continue reading Longshore and Harbor Workers

Negligence 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 … Continue reading Negligence Unseaworthiness Traumatic Amputation

Jones 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 … Continue reading Jones Act Regulatory Basis of Liability

Carolyn 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 … Continue reading Carolyn Latti Navigates Maritime Law

Pain 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’ … Continue reading Pain and Suffering Hard to Prove

Allocation 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 … Continue reading Allocation of Settlements in Personal Injury Cases

Seaman 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 … Continue reading Seaman Falls Through Open Hatch

Discoverability 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 … Continue reading Discoverability of Witness Statements

Worker 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 … Continue reading Worker Scalped by 20 Ton Block on Scallop Boat

Scalloper 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 … Continue reading Scalloper Sold at Auction

Men 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 … Continue reading Men Perish on Boat Rare Suffering Damages

Victims’ 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 … Continue reading Victims’ Families Win Suit Against Cape Fear Owner

Boating 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 … Continue reading Boating Mishaps Harder to Investigate

Starbound 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 … Continue reading Starbound Families Settle Civil Suit

Top 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 … Continue reading Top Jury Verdicts of 2001 Injury Aboard Ship

Court 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 … Continue reading Court Nixes Cap on Cape Fear Damages

Final 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 … Continue reading Final Settlement Reached in Tanker’s Sinking of Boat

New 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 … Continue reading New Cape Fear Lawsuits Target Marine Architects

Judge 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 … Continue reading Judge Says Cape Fear Wasn’t Seaworthy

Carolyn 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 … Continue reading Carolyn M. Latti Lawyer of the Year 2001

Legal 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 … Continue reading Legal Stage Set for Portland Judge to Decide Fault in Starbound

Boating 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 … Continue reading Boating Case has Major Significance for Maritime Law

Tanker 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 … Continue reading Tanker Firm Posts $13 Million for Lawsuits

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 Russian tanker that allegedly collided with the vessel. … Continue reading Federal Suit Filed Against Suspect Tanker’s Owner Operator

Family 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 … Continue reading Family of Starbound Victim Files Second Lawsuit

Fisherman’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 … Continue reading Fisherman’s Widow Files $6 Million Suit

Federal 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 … Continue reading Federal Suit Filed Against Suspect Tanker Owners

Maine 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 … Continue reading Maine Fisherman’s Widow Files Suit Against Tanker

Hit 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 … Continue reading Hit and Run Ship Sought

Seaman 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 … Continue reading Seaman Gets $2.5 Million Jones Act Verdict

Mariner 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 … Continue reading Mariner Awarded $2.8 Million in Suit

Maritime 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 … Continue reading Maritime Attorney Wins Million Dollar Verdicts

Salvaged 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 … Continue reading Salvaged Families Fear Owner Will Put it Back to Sea

Signs 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 … Continue reading Signs of Wreck Stir Pain and Anguish

Seaman’s Minor Injury Results in Big Time Award

Compensation Made For ‘Anguish’ Of Lost Career By Eric T. Berkman Massachusetts Lawyers Weekly February 16, 1998 Loss of limb. Permanent paralysis. Brain damage. Death. Those are the images generally conjured up by news of a multi-million-dollar verdict. But mental anguish? That may not be the kind of thing typically associated with a huge recovery. … Continue reading Seaman’s Minor Injury Results in Big Time Award

Jury Awards Maine Tanker Captain $2 Million

Jury Awards Maine Tanker Captain $2M By Patricia Nealon The Boston Globe February 22, 1997 A former oil tanker captain from Maine has won a $2 million verdict against the owner of a tanker for a shoulder injury that will prevent him from ever captaining a ship again. Eric Wilson, 36, of Falmouth, Maine, was … Continue reading Jury Awards Maine Tanker Captain $2 Million

Boat Line Worker Wins Lawsuit

Boat Line Worker Wins Lawsuit Boat Line Worker Wins Lawsuit, Jury Awards Steamship Authority Employee More Than $700,000 for Injuries By Julia St. George Cape Cod Times November 8, 1996 BOSTON – A Woods Hole, Martha’s Vineyard and Nantucket Steamship Authority employee injured on the job two years ago was awarded more than $700,000 by … Continue reading Boat Line Worker Wins Lawsuit

Pilot Enters Apology as Part of Settlement

John G. ‘Sean’ Rafter Admits He Should Have Landed His AirMed Helicopter Before It Ran Out Of Fuel And Crashed In Casco Bay, Killing Three. By Jason Wolfe Portland Press Herald January 30, 1996 The pilot of a rescue helicopter that crashed into Casco Bay more than two years ago admitted Monday that his mistakes … Continue reading Pilot Enters Apology as Part of Settlement

Helicopter Crash Lawsuit Settled

Helicopter Crash Lawsuit Settled By Staff The Boston Globe January 30, 1996 PORTLAND, Maine – The family of a burn victim who was killed in the crash of an air ambulance in Casco Bay more than two years ago reached a settlement with the pilot yesterday. The settlement was announced as jury selection was about … Continue reading Helicopter Crash Lawsuit Settled

Discovery of Fishing Boat Atlantis Wreckage Draws Mixed Response

By Natalie White The Standard-Times NEW BEDFORD – The day before the Atlantis was due in port, Fatima Barros was plagued by apprehension and a sick feeling in her stomach. She had a nightmare and worried it was a negative omen about her parents in Cape Verde or her husband John, who was a cook … Continue reading Discovery of Fishing Boat Atlantis Wreckage Draws Mixed Response

Suit Seeks $4.5 Million From Owners of Missing New Bedford Boat

By Jack Sullivan Boston Globe A $4.5 million lawsuit, the first of several expected legal actions, was filed in federal court yesterday against the owners of the missing New Bedford fishing vessel Atlantis. The complaint charges the owners of the boat with negligence and claims the boat was not seaworthy. The complaint was filed on … Continue reading Suit Seeks $4.5 Million From Owners of Missing New Bedford Boat

City Man Awarded $1.5 Million in Suit

City Man Awarded $1.5 Million in Suit City Man Awarded $1.5 Million In Suit By Melissa Bane Gloucester Daily Times October 13, 1992 A Gloucester man was awarded nearly $1.5 million last week in a personal injury case stemming from a 1989 accident on the job in Newington, NH. The verdict which awarded $1,426,000 to … Continue reading City Man Awarded $1.5 Million in Suit

Fisherman Wins Lawsuit for $3 Million

By Stephen Betts The Courier Gazette October 5, 1991 OWLS HEAD – A fisherman who was left partially paralyzed in an accident aboard a fishing vessel two years ago will receive the largest maritime settlement in Maine history, his attorney said Friday. The $3.1 million settlement in the lawsuit brought by 31-year-old Donald Williams came … Continue reading Fisherman Wins Lawsuit for $3 Million

Owls Head Seaman Awarded $3.1 Million for Fishing Injuries

By Jeanne Curran Bangor Daily News A seaman from Owls Head who was seriously injured almost two years ago while fishing in the Grand Banks off Newfoundland has been awarded $3.1 million in damages from the owner of the fishing vessel on which he was sailing. Donald A. Williams II, 33, and his family were … Continue reading Owls Head Seaman Awarded $3.1 Million for Fishing Injuries

Gun Maker Ordered to Pay $1.9 Million

By Donna Halvorsen Portland Press Herald U.S. District Court jury awarded nearly $1.9 million Tuesday to a Sanford man who was struck in the neck five years ago when a hunting companion’s Smith and Wesson revolver went off accidentally. “Happy, very happy” was the reaction of Richard Stacey Jr., 26, who was paralyzed as a … Continue reading Gun Maker Ordered to Pay $1.9 Million

$1.25 Million Awarded in Weather Suit

$1.25 Million Awarded in Weather Suit By Joanne Ball The Boston Globe August 13, 1985 US District Court judge yesterday ordered the federal government to pay $1.25 million to the families of three lobstermen who died during a 1980 hurricane off Georges Bank which the government’s weather equipment failed to predict. Judge Joseph Tauro’s award … Continue reading $1.25 Million Awarded in Weather Suit

Fisherman Hurt by Winch Awarded $1.7 Million

By Nancy Drucker The Standard-Times August 9, 1985 A federal judge in Boston awarded nearly $1.7 million Thursday to a Somerville fisherman and his family for injuries caused at sea by a 47-year-old winch made by the Hathaway Machinery Co. in Fairhaven. Boston attorney Michael B. Latti, who represents Domenic Tringali, believes this case is … Continue reading Fisherman Hurt by Winch Awarded $1.7 Million

U.S. Weather Agency Held Liable in Storm Deaths

U.S. Weather Agency Held Liable In Storm Deaths By The Associated Press The New York Times December 22, 1984 BOSTON, Dec. 21 – A Federal district judge ruled today that the National Weather Service’s parent agency was liable for the death of three lobstermen lost at sea after forecasters failed to predict a storm 150 … Continue reading U.S. Weather Agency Held Liable in Storm Deaths

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