Name
Seaman Status in a Post-Sanchez World
Date & Time
Friday, May 13, 2022, 11:15 AM - 12:15 PM
Michael Ecuyer Phillip Smith
Description

In Sanchez v. Smart Fabricators of Texas, L.L.C., the U.S. Fifth Circuit Court of Appeals articulated three additional inquiries that a court should consider when determining whether an employee satisfies the requirements of seaman status. The test established by the U.S. Supreme Court requires that a seaman have an employment-related connection to a vessel that is substantial in terms of both duration and nature. With respect to the nature component of this two-prong test, the Fifth Circuit held in Sanchez that courts should also consider (i) whether the worker owes an allegiance to the vessel rather than simply to a shore-based employer, (ii) whether the work is sea-based or involves seagoing activity, and (iii) whether the worker’s assignment involves a discrete task or involves sailing and/or moving with the vessel from location to location. Although the Fifth Circuit sought to provide clarity and consistency with these additional inquiries, questions remain as to how the lower courts will apply this new rule when determining seaman status. This presentation will explore the impact of the Sanchez decision on the lower courts and practitioners, including whether this new test will change the nature of Jones Act litigation from both a plaintiff and defense perspective.

Session Type
Symposium