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Fifth Circuit Identifies Potential Conflict with Supreme Court on Jones Act Seaman Test

The Energy Law

3d 550, a three-judge panel of the United States Fifth Circuit Court of Appeal held on August 14, 2020, that seaman status under the Jones Act may apply to an injured welder on a jack-up oil rig adjacent to an inland pier. Its employees work at its shop and yard and occasionally on jacked-up drilling rigs, often docked to inland piers.

Casing 40
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Fifth Circuit Identifies Potential Conflict with Supreme Court on Jones Act Seaman Test

The Energy Law

3d 550, a three-judge panel of the United States Fifth Circuit Court of Appeal held on August 14, 2020, that seaman status under the Jones Act may apply to an injured welder on a jack-up oil rig adjacent to an inland pier. Its employees work at its shop and yard and occasionally on jacked-up drilling rigs, often docked to inland piers.

Casing 40
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Possible Change to Jones Act Interpretations Regarding Coastwise Activities

The Energy Law

Customs and Border Protection’s (CBP) ten-year effort to amend its interpretation of key components of the Jones Act continues. Unlike its recent, unsuccessful efforts to amend its interpretations, the current proposal attempts to expand one prohibition while narrowing another. Merchandise/Vessel Equipment Vessel equipment is not merchandise.