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Fowler Rodriguez

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Uber-complex: regulating ride-hail services

USA - July 26 2017 Ride-hail services have quickly become a popular alternative to traditional taxi services in urban areas all over the United States. Uber launched

Safety bonus programmes: improve safety with better incentives

USA - July 13 2016 The safety of employees is one of the most, if not the most, important concerns for shipping companies. Vessel-based employees face day-to-day perils

Planning ahead to use act of God as legal defence

USA - July 8 2015 In the shipping industry, the management of risk is an everyday concern. Shipping companies attempt to minimise risk by maintaining seaworthy vessels

Cruise line escapes $2.8 million fine for Passenger Vessel Services Act breach

USA - August 12 2009 US Customs and Border Protection (CBP) recently fully mitigated approximately $2.8 million in fines levied against two cruise ships for alleged violations of the Passenger Vessel Services Act

Maritime personal injury insurance: preventing gaps in coverage

USA - December 7 2016 Different insurance issues can arise depending on whether the insured owns and operates vessels, demise or time charters vessels or provides employees to work on vessels that it does not own, operate or charter

Recovering punitive damages from non-employer third parties

USA - June 6 2018 Can seafarers recover punitive damages from non-employer third parties under the general maritime law? Short answer: it depends on where you are. A

Vessel owner's bid for 'stigma' damages denied

USA - May 2 2018 Under general maritime law, a vessel owner is entitled to the reasonable cost of repair of the vessel, unless this cost exceeds the pre-incident value

Mere presence in 'zone of danger' insufficient to support claim for purely emotional injuries

USA - April 25 2018 The court recently assumed that passengers aboard a charter fishing vessel were within the 'zone of danger', but still dismissed their claims based on

Appeals court allows recovery of punitive damages for unseaworthiness claim

USA - February 14 2018 In Batterson v Dutra Group 15-56775 (Ninth Circuit, January 23 2018) the Ninth Circuit held that punitive damages are available to seafarers who

Fifth Circuit throws Davis & Sons test for maritime contracts overboard

USA - January 31 2018 In Doiron v Special Rental Tools & Supply LLP, the US Court of Appeals for the Fifth Circuit jettisoned the six-factor, fact-intensive Davis & Sons