Breakfast & Refreshments Provided

A panel of learned judges discuss the most recent developments in maritime personal injury law including:  Jurisdiction and Removal, Vessel Status, Seaman Status, Maintenance and Cure Jones Act Liability, Longshore and Harbor Workers’ Compensation Act, General Maritime Law, Punitive Damages, Indemnity, and Insurance.

A review of recent developments on the primary elements of the test for seaman status—what is a vessel and whether the worker’s connection to the vessel is substantial in duration and nature—and what can be expected for the development of these elements in the future.

Under the Jones Act and the FELA, an employer who selects an independent contractor to perform a part of the employer’s vital operations will be vicariously liable for the independent contractor’s torts which injure the employer's seamen or railroad worker employees. In essence, the Supreme Court has imposed non-delegable duties on Jones Act and FELA employers as to vital operations. This presentation will explore the applicable jurisprudence and the potential issues arising out of the courts’ overreliance on agency law with the potential to undermine the non-delegable duty to provide a safe workplace.

This presentation will cover issues with personal jurisdiction, including a discussion of general versus specific personal jurisdiction, as well as the validity of forum selection clauses in maritime personal injury cases. The speakers will provide both a plaintiff and defense perspective. 

Ian and Patrick will be discussing the Fifth Circuit’s opinion in Knight v. Kirby Offshore Marine Pacific, LLC, 983 F.3d 172.  Ian (on behalf of the plaintiff) and Patrick (on behalf of the defendant) handled the case from beginning to end, including trying the case to the bench at the district court level and then arguing the appeal in the Fifth Circuit.  A fractured Fifth Circuit opinion addressed the issue of whether, as a matter of law, a seaman cannot be contributorily negligent if his injury occurs while executing the direct orders of his Captain.  In reaching its decision, the Fifth Circuit weighed the precedential value of a decades old unpublished opinion on the matter and ultimately adopted a standard that underlies a Circuit split around the country.  Ian and Patrick will walk the audience through the life of the case and discuss the impact of the decision on Jones Act personal injury cases in the Fifth Circuit.

The Code of Professionalism calls for lawyers to continually educate themselves on changes in the law, communication, and technology affecting the practice of law. The newest technology to challenge and inspire lawyers is Generative Artificial Intelligence like ChatGPT. GAI can be used in law practice to augment a lawyer's creativity and productivity, but lawyers must know and appreciate its limitations if they are to  – if they are to serve clients, engage with colleagues, and communicate candidly with the court. Unwary users have already found themselves in trouble for misleading judges by relying on GAI work product without evaluating it. The very public instances of GAI misuse by attorneys  erodes trust in the profession by the public, clients, and judges. In contrast, a savvy can save their clients and other stakeholders valuable time, driving down the cost of litigation. This session is designed to arm legal practitioners with the essential knowledge and skills to harness GAI professionally. Prof. Norton will start with an accessible explanation of what GAI is so that lawyers can better understand what kind of tool it is and, more importantly, what kind of tool it is not. Prof. Norton will also describe the process for developing and fine-tuning GAI that has led to inherent biases, which any lawyer evaluating GAI work product must be aware of. Armed with an understanding of where GAI fits within the pantheon of research, analysis, and writing tools, lawyers will understand how to use it without misleading courts, harming clients, or otherwise running afoul of the Code of Professionalism.