US Court of Appeals for the Fifth Circuit affirmed the district court decision holding that a welder assigned to a jack-up rig was not a seaman within the meaning of the Jones Act.
May 14, 2021 By David Murray
In a ruling closely watched by maritime interests, the full, 17-member United States Court of Appeals for the Fifth Circuit narrowed the tests for a determination of who counts as a “seaman” under the Jones Act. The Fifth Circuit had taken the case “en banc,” meaning all 17 judges (plus a retired senior judge) took part to resolve some conflicts among existing cases and precedents concerning who qualified for Jones Act status.
Maritime attorney Matt Moeller told
The Waterways Journal, “The court’s ruling will likely limit the universe of marine contractor personnel who qualify as Jones Act seamen, which could reduce potential Jones Act liability exposure for many vessel owners and operators.”