On December 4, 2023, in Marquette Transportation Co. Gulf-Inland, LLC v. Navigation Maritime Bulgare JSC, et al., the Court of Appeals for the Fifth Circuit held that state law—and specifically in this case, Louisiana law—governs the applicable negligence standard and burden of proof for a pilot's error. The Court's decision is based upon the exception carved by Congress in 46 U.S.C. § 8501(a).
Read Elizabeth Strunk's full post on Liskow's The Energy Law Blog here.
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