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US Bodily Injury News November 2011 Editorial


Mike Jarrett President & CEO, Thomas Miller (Americas) Inc.


CONTENTS Round Table Seminar


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Crewmember checklist 4 Criminal investigation US courts interpret


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manslaughter statute Piracy issues


Primary Duty Rule Collective expertise


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This year’s Bodily Injury Round Table was held in mid-September in our New Jersey office.To start the seminar off, Karen Hildebrandt, Dee O’Leary and John Turner from our London office presented a brief overview of issues and concerns in piracy incidents a subject raised in the preceding year’s feedback. Karen discussed the types of issues presented in the Jones Act and unseaworthiness lawsuits alleged in the Maersk Alabama litigation and the legal questions presented by it. Issues include notice of the risk of piracy to the defendants; the existence of a USCG approved security plan; the criminal nature of the pirate attack and whether the defendants could be held liable; and if the ship was fit for her intended purpose. Dee then led the discussion of the coverage available under P&I in the event of a pirate attack confirming cover on the usual types of claims such as death injury, illness, repatriation and loss of crew effects. Dee also discussed the implications of carrying armed security guards. John Turner then spoke about the Club’s experience with piracy incidents to date and the lessons learned. He further explained how the Club can assist in the aftermath of a pirate attack.


The balance of the seminar focused on the civil and criminal implications in the investigation of a marine casualty and the do’s and don’ts of interviews and depositions which follow such a casualty. We were very pleased to have Mike Fernandez of Freehill, Hogan & Mahar in New York and Greg Linsin of Blank Rome in Washington DC lead the lively discussion about the civil (P&I) counsel's role in the initial stages of an investigation and the potential for rapid development of criminal issues to arise during such an investigation. Greg Linsin shared the perspective and issues from a criminal counsel’s role in an investigation. Mike and Greg illustrated their points using pre-recorded videotaped interviews and depositions prepared by our third lawyer, Gary Hemphill of Phelps, Dunbar in New Orleans.


US Bodily Injury News The TMA Bodily Injury newsletter enables a wider sharing of the Team’s expertise and experience. We always welcome your feedback on the topics we cover in these newsletters. Suggestions for subjects for future coverage are also particularly welcome. Please send your comments or suggestions to Louise Livingston at louise.livingston@thomasmiller.com


Further information on these topics can be obtained directly from the TMA Bodily Injury Team (see back cover for contact details).


We then boarded the Rendezvous on Thursday evening at the Hyatt Jersey City and spent a lovely evening with cocktails and dinner cruising the New York Harbor. Friday morning was a continuation of the discussion and we wrapped up in time for long distance travelers to make their flights home.The participation of the Members and their feedback was outstanding and a gratifying reward for the lawyers and the Bodily Injury Team who worked very hard to produce the event.The Team is already at work planning the 2012 event, as usual dates will be advised in the Spring.


The Team has grown again in 2011 with the addition of Markus McMillin from the San Francisco office. Markus is a California lawyer who joined Thomas Miller San Francisco in March 2006. Markus handles all types of claims, including bodily injury claims, for both the UK P&I Club and our sister club Through Transport.


At the moment, we are further refining ourVFM data to include details of attorneys with trial experience. By collating this information on the success of attorneys at trial, we will enhance our decision making by relying on hard evidence rather than anecdotal information. More details of this initiative will be discussed in our next issue.


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