Washington Maritime Injury Lawyer Blog

Another tragedy has struck the Alaska fishing fleet. The KATMAI, a 93-foot head and gut fishing vessel capsized and sank in the Aleutian Islands early in the morning on Wednesday, October 22. It now appears that only four of the KATMAI's eleven crewmembers survived.

The last communication from the KATMAI was an e-mail reporting incursion of water into the lazerette, followed by loss of steering. Shortly thereafter, the vessel foundered in the trough of 20-foot seas and capsized, casting her crew into the 43 degree waters of the North Pacific.

The Coast Guard has begun hearings in Anchorage to investigate the KATMAI sinking. There will be an opportunity to determine the cause of this unspeakable catastrophe. For now, all of us associated with the maritime industry in the Pacific Northwest can only convey our condolences to the families and friends of those who have perished.

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Vessel crewmembers are working people. They don’t benefit from tax cuts for the wealthiest Americans. They need the benefits and protection sought by labor unions and the party of labor, the Democrats. They need affordable health care and Social Security. They need good public schools for their children. They need an intelligent energy policy and environmental protection. They need the right to organize and the right to fair compensation when they are injured.

The Republican party has been in control of the federal government for eight years, during which time no progress has been made to meet the needs of vessel crewmembers.

The cost of health insurance has sky-rocketed. Social Security is in jeopardy. Public schools have languished. There has been no concerted effort to deal with problems of energy and the environment. The Republicans continue to mount their attack upon labor, often under the guise of tort reform which would erode the injured seaman’s right to compensation.

Anderson, Connell & Carey has been fighting for the rights of injured seamen for more than 30 years, in the courtroom and in the public square. In 1986, Dave Anderson actively opposed so-called “tort reform” and urged seamen to do likewise.

Continue reading "Obama and Biden Will Protect Your Rights! " »

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The Supreme Court reduced the payout from $2.5 Billion to $507.5 and Exxon Denies Interest is owed. The Supreme Court has left Alaska Fishermen reeling from the June decision reducing the judgment dramatically. Claimants have waited twenty years only to learn that the amount of their compensation has been arbitrarily reduced. Prince William Sound has yet to recover its herring fishery, and salmon prices have never attained the levels before the spill. Residents of Prince William Sound still report finding oil on the beaches near their homes. Citizens and fishermen alike believe that the court's ruling sends the wrong message to corporations. Fishermen in Homer, Cordova, Kodiak and other towns rimming the gulf of Alaska view the ruling as a hand out to big oil and an abandonment of the people's right to punish wrongdoers.

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Politics in Alaska is a brand new game for both Democrats and Republicans. The change comes on the heals of the recent indictment of long time Alaska Senator Ted Stevens. Two years ago, Ted Stevens was still the powerful long ruling senator from Alaska, delivering billions of federal dollars to his home state, when federal agents raided the offices of six state legislators. One of the state legislators was Ben Stevens, the senator's son. The implications of this turn of events was staggering. The elder Stevens could be implicated. Change in Alaska came quickly. Sarah Palin, a young political upstart, was elected governor, and soon after Ted Stevens and the Republicans ceded control of the US Senate to the Democrats. Following Ted Stevens' recent indictment it is suddenly a new generation of fellow Republicans who hope to control the state of Alaska. Although Republicans have long dominated the state of Alaska, their corruption, and overall lack of understanding of the world, has made it less likely that they will be able to cling to power.

Continue reading "New Generation of Alaska Republicans" »

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Fishermen believe that they observe large gaps in the biological data that is to be used in updated Atlantic King Mackerel stock assessment. The new stock assessment does not line up with what we are observing, states Kelly Schoolcraft a fisherman from North Carolina. The new stock assessment is scheduled for review and completion later this year. The Science and Statistics Committee plans to provide the South Atlantic council with a new total allowable catch for the fishery at the December meeting.

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The National Transportation Safety Board ("NTSB") has determined that the reason that the Empress of the North ran aground on July 23, 2008 was the negligence of the captain. The captain allowed an inexperienced, newly licensed junior third mate to the bridge watch from midnight to 4 a.m.. The NTSB commented that the decision of leadership on the vessel failed to consider every option as critical decisions were made. The NTSB recommended that the Passenger Vessel Association ("PVA") inform its members about the accident and the circumstances giving rise to the casualty.

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On Friday, the Department of Transportation and Communications (DOTC) offered a bonus to a salvage contractor to retrieve industrial fuel and dangerous chemicals inside the sunken M/V Princess of the Stars. The ship sank somewhere near Roblon Province. The company Titan Salvage, is owned by Crowley Maritime Corporation. Crowley Maritime Corporation is the largest maritime service corporation in the world with its headquarters in Florida. Government officials are concerned that the sunken vessel could cause considerable environmental damages owing to the toxic chemicals aboard. Because of the potential harm the DOTC is considering tightening regulatory controls on freight forwarders.

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The owners of the ill fated fishing vessel the Alaska Ranger have begun legal maneuvering to avoid liability for the deadly sinking in March. The lawyers for the Fishing Company of Alaska ("FCA") have invoked an archaic piece of maritime law that limits the amount of money that can be sought by survivors or the families of the dead. In order to prevail, the owner of the vessel must show that the vessel was seaworthy, properly manned and equipped, and that the owner had no prior knowledge of the problems that ultimately sunk the ship. Crew members have related stories of drunk officers, power struggles, water below deck and leaking watertight doors. Given these facts, it appears unlikely that the defendant will be successful in its efforts to limit liability.

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The United States Supreme Court ruled recently on several issues related to maritime casualty. The opinion, Baker v. Exxon Shipping Co., deals with the availability of punitive damages under maritime law. Prior to this decision, the Supreme Court had yet to directly rule on whether punitive damages are appropriate under some circumstances. Before this ruling, it was generally believed that punitive damages can be awarded for tort damage to property. Exxon v. Baker looked also to studies of punitive damage awards in civil matters and found that there was a median ratio of 1:1. The Court held that the conduct of Exxon Shipping Co. was not one of "exceptional blameworthiness." Under these circumstances a 1:1 ratio is a fair upper limit in such maritime cases.

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The rankings show a pattern of insurance industry avarice amongst 10 companies that refuse to pay just claims, reward executives with extravagant salaries, employ hardball tactics against their own customers, and unjustly raise premiums while hoarding tremendous profits. Ranked number one as the worst was Allstate. For example, in the 1990's Allstate contracted with McKinsey & Co. to force consumers to accept low-ball claims or face litigation. Allstate told agents to lie and blame fires on arson, and in turn, were rewarded with gifts and cash rewards.
Number two on the list was Unum. Unum, a disability insurance company purposefully denied just claims in order to maximize profits. In one instance a woman who had multiple sclerosis was forced to wait three years before she was given benefits to which she was entitled.

Continue reading "Insurance Industry Cited for Bad Business Policies " »

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