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Introduction - II. The General Rule: The "Proportionate Share" Method of Set-Off 733 - A. McDermott v. AmClyde: The Supreme Court Embraces the "Proportionate Share" Method of Set-Off - B. AmClyde’s Legacy: the "Proportionate Share" Method Emerges as the General Rule of Set-off in Federal Joint and Several Liability Cases - III. The Exception: FELA and Jones Act Cases Begin to Adopt the Alternative "Pro Tanto" Method of Set-Off - A. FELA (and the Jones Act): A Brief Primer - B. Norfolk v. Ayers: The Supreme Court Reaffirms Joint and Several Liability for FELA Cases - C. Schadel v. Iowa Interstate Railroad: An Exception to the "Proportionate Share" Method Emerges for FELA and Jones Act Cases - IV. Making Sense of the Exception for FELA and Jones Act Cases: A Critique of Schadel ...
Who would have thought the Gulf of Mexico oil spill would make a 90-year-old law newsworthy? The Merchant Marine Act of 1920, also known as the Jones Act, was meant to save the merchant marine industry by requiring ships that plied American waters be built in the United States and manned by American crews. After the oil started gushing, lawmakers started demanding that the government waive the law to speed international assistance for the cleanup. What the White House can't waive, however, is the ongoing damage caused by the Jones Act. The policies it embodies are a remnant of a worldview that contributed to economic collapse and the Great Depression. Like many protectionist policies, the premises of the Jones Act seem plausible: Require goods moving from one U.S. port to ano...
While the Louisiana offshore energy sector touts the Obama administration's decision in late March to expand offshore drilling as a boon for business and jobs, the state's maritime industry is worried confusion surrounding a decades-old maritime law will drive jobs to foreign workers. New Orleans-area offshore supply vessel companies are calling for stricter interpretation of the Jones Act, a law that requires vessels owned, built and manned by Americans to carry cargo transported between U.S. destinations. When foreign vessels started trickling into the market in the early 1970s, U.S. Customs and Border Protection's interpretation of the law allowed for foreign vessels to transport oilfield cargo to rigs in the Gulf of Mexico.
With the federal ban on deepwater drilling in the Gulf of Mexico lifted, Louisiana offshore vessel operators want to breathe new life into an ongoing effort to clarify a centuries-old maritime law they say is more relevant as the industry moves back to work. The push to clarify the Jones Act, a law that requires vessels owned, built and manned by Americans to carry cargo transported between U.S. destinations, stalled in the spring under federal review.
DALLAS, June 22 /PRNewswire/ -- Senator John Cornyn (R-TX) sent a letter to Admiral Thad Allen today supporting Allegiance Capital's request for a waiver of the Jones Act. For more than two weeks, Fred McCallister, Vice President of the Dallas-based investment bank, has been requesting a waiver of the Jones Act in order to bring boats from Europe to U.S. waters to assist in the Gulf oil spill clean- up. (Logo: http://photos.prnewswire.com/prnh/20100216/DA55565LOGO)
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