Employee/Independent contractor Contract in which the independent contractor indemnifies employer for ALL actions taken to perform the specific work orders issued Six Factors to Determine Subject and Nature of Contract (If Maritime, Indemnity Enforceable) What did the specific work order provide for at the time of injury? What did the work crew under the work order actually do? Was the crew assigned to work on vessel on navigable waters? Extent that the work being done is related to the mission of the vessel What is the principal work of the injured worker? What was the work being done at the time of injury? COGSA Test Two part test in deciding whether Federal or State Law applies to a Maritime Contract Look to see if there is a maritime context for the contract Look to see if there is an inherently local dispute Jurisdiction Over Torts By Statute Admiralty Jurisdiction Extension Act – 46 USC § 740 Established that the admiralty and maritime jurisdiction of the U.S. shall extend to and include ALL cases of damage or injury to person or property, caused by a vessel on navigable water, notwithstanding that such damage or injury be done or consummated on land. Jones Act – 46 App. USC § 688 A seaman injured in the court of employment or if the seaman dies from the injury, the personal representative of the seaman may elect to bring a civil action at law, with the right of trial by jury, against the employer, Death on the High Seas Act – 46 USC § 761 When death is caused by wrongful act or negligence more than a marine league from states on the high seas, personal representative of the decedent can bring suit for exclusive benefit of wife, husband, parent, child, or dependent relative against whoever would be liable if death had not occurred. Longshore Harbor Workers Compensation Act Two tests for Maritime Jurisdiction (Executive Jet) Locality (Executive Jet) Locality where the alleged tortuous wrong occurred MUST have been on navigable waters (SITUS) Relationship (Foremost) There must be a RELATIONSHIP between the wrong and some maritime service, navigation, or commerce, on navigable waters! (NEXUS) The court must also consider whether the event had the POTENTIAL to affect maritime commerce (Sisson)
Employee/Independent contractor Contract in which the independent contractor indemnifies employer for ALL actions taken to perform the specific work orders issued Six Factors to Determine Subject and Nature of Contract (If Maritime, Indemnity Enforceable) What did the specific work order provide for at the time of injury? What did the work crew under the work order actually do? Was the crew assigned to work on vessel on navigable waters? Extent that the work being done is related to the mission of the vessel What is the principal work of the injured worker? What was the work being done at the time of injury? COGSA Test Two part test in deciding whether Federal or State Law applies to a Maritime Contract Look to see if there is a maritime context for the contract Look to see if there is an inherently local dispute Jurisdiction Over Torts By Statute Admiralty Jurisdiction Extension Act – 46 USC § 740 Established that the admiralty and maritime jurisdiction of the U.S. shall extend to and include ALL cases of damage or injury to person or property, caused by a vessel on navigable water, notwithstanding that such damage or injury be done or consummated on land. Jones Act – 46 App. USC § 688 A seaman injured in the court of employment or if the seaman dies from the injury, the personal representative of the seaman may elect to bring a civil action at law, with the right of trial by jury, against the employer, Death on the High Seas Act – 46 USC § 761 When death is caused by wrongful act or negligence more than a marine league from states on the high seas, personal representative of the decedent can bring suit for exclusive benefit of wife, husband, parent, child, or dependent relative against whoever would be liable if death had not occurred. Longshore Harbor Workers Compensation Act Two tests for Maritime Jurisdiction (Executive Jet) Locality (Executive Jet) Locality where the alleged tortuous wrong occurred MUST have been on navigable waters (SITUS) Relationship (Foremost) There must be a RELATIONSHIP between the wrong and some maritime service, navigation, or commerce, on navigable waters! (NEXUS) The court must also consider whether the event had the POTENTIAL to affect maritime commerce (Sisson)
Admiralty%20-%20Hyde%20-%20Fall%202011.docx