Bouhan, Williams & Levy Latest News

March 1, 2010 - Bouhan, Williams & Levy LLP Attorneys Selected for Georgia Super Lawyers

Savannah, GA –Bouhan, Williams & Levy LLP is honored to announce that six of its attorneys have been selected for inclusion in the Georgia Super Lawyers 2010. Georgia Super Lawyers is a prestigious honor presented to the top five percent of attorneys in the state by Atlanta Magazine.

Walter Hartridge, Leamon Holliday III, Carlton Joyce, B.H. Levy Jr., Edwin Robb and Frank “Sonny” Seiler were selected for Georgia Super Lawyers 2010.

“We are proud to have so many of our attorneys acknowledged by peer organizations,” said Carlton Joyce. “Everyone at Bouhan, Williams & Levy strives for excellence at all times and we feel honored to work with some of the best attorneys our state has to offer.”

Selection in Georgia Super Lawyers is achieved through a combination of peer nomination and evaluation and third party research. Each nomination must be made by a Georgia attorney who has been practicing for at least five years. The attorneys are asked to nominate the best attorneys they've personally observed in action. Attorneys may not nominate themselves and may only nominate others in their firm if they nominate an equal or greater number of attorneys from other firms.

After the nominations are submitted, the Law & Politics research department, a magazine published by Super Lawyers, examines the background and experience of each candidate. Each nomination is evaluated on a point system with the top scoring nominees being selected for Georgia Super Lawyers.

Bouhan, Williams & Levy LLP is one of Georgia's oldest law firms with a long tradition of excellence. For over 100 years, the firm has gained extensive knowledge and experience from the representation of clients in a variety of matters. Whether locally, nationally, or internationally, the firm is qualified and superbly equipped to handle all of its clients' legal needs. For more information please visit www.bouhan.com or call (912) 236-2491.

March 1, 2010 - Two Bouhan, Williams & Levy LLP Attorneys Honored on Rising Stars List

SAVANNAH, GA – Bouhan, Williams & Levy LLP in Savannah, GA is proud to announce that two of the firm’s attorneys were recently selected for the Georgia Rising Stars list for 2010. The Georgia Rising Stars list recognizes outstanding attorneys 40 years old or younger, or attorneys who have been practicing less than 10 years.

Todd M. Baiad and David Michael Conner were selected for the 2010 list.

The Georgia Rising Stars list is a part of Georgia Super Lawyers magazine. It is mailed to ABA-accredited law school libraries and attorneys throughout Georgia. It is also featured in a special section of the March 2010 issue of Atlanta Magazine.

Selection for the Georgia Rising Stars list includes peer nominations, a panel review, and background research on the candidates. The Rising Stars list was created in 1998 to recognize the top attorneys who were advancing quickly in the law field.

December 8, 2009 - Bouhan, Williams & Levy Attorneys Selected for Legal Elite

Savannah, Georgia– Bouhan, Williams & Levy LLP is proud to announce that four of its attorneys were selected by their peers as Georgia Trend’s 2009 Legal Elite. M. Tyus Butler, Jr., David Michael “Mike” Conner; Leamon R. Holliday, III; and E. Pomeroy Williams were recognized by Georgia Trend magazine as leading Georgia attorneys.

Georgia Trend magazine is a state-wide business publication that offers an analysis of business and political trends around the state. Each year, Georgia Trend sends questionnaires to several thousand Georgia lawyers asking for attorney nominations they consider the best in ten different practice categories. After the ballots are cast, the top ranking attorneys are selected for Legal Elite.

Bouhan, Williams & Levy congratulates these partners for being named to this prestigious group.

August 11, 2009 - Five Bouhan, Williams & Levy LLP Attorneys Named to Best Lawyers List

SAVANNAH, GA – Bouhan, Williams & Levy LLP is proud to announce that 5 of its attorneys have been named to the 2010 edition of Best Lawyers^®, the oldest and most respected peer-review publication in the legal profession.

David Michael Conner, Walter C. Hartridge, Carlton E. Joyce, Edwin D. Robb, Jr., and Frank W. “Sonny” Seiler were selected for the Best Lawyers list. Hartridge and Robb have been listed more than 10 years and Seiler has been listed 25 years.

First published in 1983, Best Lawyers is based on an exhaustive annual peer-review survey. For the new U.S. edition, more than 24,126 leading attorneys cast more than 2.8 million votes on the legal abilities of other lawyers in the same related specialties.

Because of the rigorous and transparent methodology used in Best Lawyers, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Corporate Counsel magazine has called Best Lawyers, “the most respected referral list

of attorneys in practice.”

Steven Naifeh, Managing Editor of Best Lawyers, says, “We continue to believe – as we have for 26 years – that recognition by one’s peers is the most meaningful form of recognition in the legal profession.”

May 28, 2009 - Rights of Seamen, by Edwin D. Robb, JD

Rights of Seamen

By Edwin D. Robb, JD

I must go down to the seas again, to the lonely sea and the sky.

—John Masefield, Sea Fever

For mariners “…that go down to the sea in ships, that do business on the great waters…” (from Psalms 107:23-30), working conditions are dangerous. The days, weeks, and sometimes, months at sea are taxing.

Since the days of “iron men and wooden ships,” the rights of seamen v. their employers for personal injuries or death in the course of employment have been greater than those of their landlubber counterparts. Despite advances in technology on automated vessels subject to increased scrutiny by governmental agencies and insurers, work at sea can still be hazardous.

In addition to “traditional” service at sea on commercial cargo ships, seamen work on vessels engaged in towing, fishing, oil drilling, and dredging as well as those in the cruise ship industry. Vessels can include barges, dredges, ferries, mobile drilling rigs, tugs, fishing boats and yachts. Some vessels rarely or never enter the oceans (blue water) but remain in the inland navigable waterways (brown water).

Seaman Status

To qualify as a seaman, and, thus, as a member of the crew, the worker must contribute to the function of the vessel on which he or she is employed (e.g., mate, deckhand, engine room personnel, cook, welder, bartender, etc.). However, involvement with the actual navigation of the vessel (helmsman/mate) is not required.

Also, the employee must have a connection to the vessel in navigation (or identifiable group of vessels) that is substantial both in duration and in nature. In that respect, the US Supreme Court has referred to a rule of thumb adopted previously by other courts—the employee must spend at least 30 percent of his or her time in service on the vessel and be engaged in the function of the vessel to qualify as a seaman (Chandris v. Latsis, 515 U.S. 347 (1995) (not, however, an ironclad rule).

Shore-based workers, such as stevedores/longshore personnel/shipyard workers not in the employ of the vessel owner, but who board vessels periodically to work onboard, are not seamen. These workers have only a transitory and sporadic connection to the vessel.

The seaman or his/her personal representative has three basic rights against an employer/vessel owner/operator:

1. Right to sue in tort under the Jones Act

2. Right to sue for unseaworthiness under the General Maritime Law

3. Right to Maintenance and Cure

Jones Act

Under the Jones Act, 46 U.S.C. §30104, a seaman has the right to sue his or her vessel owner/employer in tort for injuries sustained in the course of employment on a vessel that operates in navigable waters, or by the personal representative for the seaman’s death. The test for recovery for incidents sustained on the vessel or ashore in the course of his/her service is whether the employer/vessel owner was negligent in failing to exercise reasonable care to provide a reasonably safe place to work (a non-delegable duty). The employer can be liable for unsafe vessel conditions or for the negligence of its crew.

Several typical instances where seamen may recover in tort under the Jones Act are as follows:

• Failure to warn of known hazards (if not open and obvious to

the employee)

• Defective/malfunctioning winch

• Improperly trained fellow crew member(s)

• Unsafe gangway leading to the vessel

• Injury on the dock while repairing a ship’s hydraulic hose

The vessel owner does not warrant/insure an accident free vessel. Thus, the employer may not be liable to its employee/seaman for open and obvious conditions on the vessel that the crewmember should notice, e.g., obvious grease or equipment on a deck. However, the employee’s burden to prove causation is “slight,” and, therefore, not as heavy as in a landside tort case (Churchwell v. Bluegrass Marine, Inc., 444 F.3d 898 (6th Cir. 2006).

With some limited exceptions, the remedies for land-based maritime workers (non-seamen) against their employers are for workers’ compensation benefits, i.e., under The Longshore and Harbor Workers‘ Compensation Act, 33 USC §901 et seq (excluding coverage for members of a vessel’s crew, and in some states for state compensation benefits. Additionally, if these shore-based individuals can prove that the third party vessel owner was negligent in causing their injuries, they have a right to recover against the vessel owner in tort (33 USC §905(b)).

A seaman may bring a Jones Act tort action against the employer and obtain a jury trial (46 USC §30104). If the action is brought in state court, the employer cannot remove the case to federal court (28 USC §1445(a)). The seaman can also sue in federal court and obtain a jury trial 28 USC§1331.

General Maritime Law

In addition to rights under the Jones Act, a seaman can also sue the employer under common law General Maritime Law principles. The vessel owner owes the seaman an absolute duty of providing a “seaworthy” vessel free of defective conditions. These conditions include not only appurtenances of the vessel, e.g., ladders, machinery, etc., but also a properly trained crew.

A seaman can recover if he or she can prove a defective condition (not simply operational negligence of a competent crew member) and proximate, causal connection between the defective condition and the injury. There is no requirement to prove negligence.

The test for recovery is whether the vessel, its equipment, and/or crew were reasonably fit (Mitchell v. Trawler Racer, Inc., 362 U.S. 539 (1960). However, as in the Jones Act decisions, there is no warranty that the employer/vessel owner will provide an accident free vessel. Often, plaintiff’s counsel will join a count for unseaworthiness under the General Maritime Law with a Jones Act action.

Damages

Under the Jones Act and the General Maritime Law, seamen sustaining personal injuries can recover for the following elements of pecuniary loss.

• Past lost wages

• Loss of future earning capacity

• Past and future medical expenses

• Pain and suffering (including loss of life’s enjoyment, mental anguish

• Pre-judgment interest (in certain cases)

The personal representative of a deceased seaman has a right to bring an action on behalf of the deceased’s beneficiaries. These rights include a wrongful death action to recover losses sustained by the beneficiaries, e.g., financial support and a survival action to recover losses that the decedent sustained prior to death—such as pain and suffering.

Although subject to some disagreement, most courts have held that non-pecuniary damages, e.g., loss of society/consortium, punitive damages are not recoverable to seamen and beneficiaries under the Jones Act, or under General Maritime Law (Miles v. Apex Marine Corp, 498 US 19 (1990).

Unlike tort actions brought under some state laws, a seaman’s comparative negligence simply reduces the recovery by a percentage of the negligence (pure sliding scale). In other words, a seaman found to be 75 percent at fault would recover 25 percent of the total damages.

Maintenance and Cure

For almost 200 years, US seamen injured or becoming ill in the course of their employment have been entitled to Maintenance and Cure benefits from employers. These benefits are somewhat similar to workers’ compensation.

Maintenance is the right to receive payments for food and lodging (a subsistence allowance). The historical basis is that if the seaman becomes ill or is injured in the service of the vessel and cannot work on the vessel where food and lodging are provided, he/she is entitled to receive reasonable maintenance payments calculated at a daily rate.

If the seaman can demonstrate incurred costs, payments continue until the seaman reaches “maximum cure” (a point at which, from a medical view, no future treatment will better the seaman’s condition). The amount of Maintenance awards varies depending on the proof of expenses. Some Maintenance payments may be governed by an employment contract.

The seaman is also entitled to receive Cure , I.e., medical benefits until the point of maximum cure. Like Maintenance, Cure benefits are paid for injuries/illness sustained on the vessel and ashore if in the course of employment.

Unlike actions under the Jones Act and for unseaworthiness, comparative negligence of the seaman will not bar or reduce the right to recover Maintenance and Cure. The one exception is that if the seaman’s injuries are caused by his/her willful conduct, there is no right to recovery.

There is a classic case relating to this defense that involved a seaman on shore leave. To avoid paying for certain services and to evade a brothel’s bouncer, he jumped out of the second story and sustained injuries. Surprisingly, the court held that his misconduct in the brothel had ceased, and that his quick exit was an effort to save the life of a good seaman. He was awarded Maintenance and Cure (Koistenen v. American Export Lines, 1948 AMC 1464 (1948).

Examples of misconduct in which courts will deny a claim for Maintenance and Cure are fighting (if the claimant is the aggressor), alcoholism, and venereal disease.

For more thorough information on seamen’s rights, there are a number of treatises on the subject, most notably, Admiralty and Maritime Law (4th Edition) by Thomas J. Schoenbaum. This work is regularly consulted and cited by practitioners in Admiralty Law.

About the Author:

Edwin D. Robb is a partner in the firm of Bouhan, Williams & Levy, LLP, Savannah, GA, where he specializes in Admiralty Law. He is a graduate of Dartmouth College and earned his JD from the University of Georgia School of Law where he was a member of the Law Review and a published author.

He is a former US Navy Lieutenant Commander and served on ships both in the Pacific and Atlantic Fleets. He is an active member of the Maritime Law Association of the United States and The Southeastern Admiralty Law Institute. He has presented papers and has lectured at various maritime law seminars.

April 30, 2009 - Changes to Georgia's Lien Laws

On April 16, 2009, Will Ronning and Leslie Horne spoke with the local chapter of the National Kitchen and Bath Association on the recent changes to the Georgia lien laws and the use of liens in protecting themselves in these uncertain times.

Georgia Senate Bill 374 became effective on March 31, 2009. Senate Bill 374 brings substantial changes to Georgia’s lien laws. The amendment affects the text of the lien, statutory deadlines and notice requirements. However, the amendment does eliminate some ambiguities in the lien area while adding additional requirements. The new requirements place additional burdens on a lien claimant. These burdens require a lien claimant to be ever more diligent in ensuring the survival of a lien.

The recent amendment strengthens the notice requirements, the purpose being to ensure that the property owner has actual knowledge of a lien filing as soon as possible. The amendment also attempts to clean up the lien process by providing for self-expiring liens. However, the self-expiring provisions also implement a process for a property owner or contractor to dispute a lien and expedite the lien invalidation process. In addition, the forms necessary for an effective Interim Waiver and Release Upon Payment and a Waiver and Release Upon Final Payment have each been revised to include language addressing the issue of if payment has not been actually received.

For further information, please contact Will Ronning or Leslie Horne at Bouhan, Williams & Levy LLP.

February 25, 2009 - Four Bouhan, Williams & Levy LLP Attorneys Honored on Rising Stars List

Bouhan, Williams & Levy LLP in Savannah, GA is proud to announce that four of the firm’s attorneys were recently selected for the Georgia Rising Stars list for 2009. The Georgia Rising Stars list recognizes outstanding attorneys 40 years old or younger, or attorneys who have been practicing less than 10 years.

Corinne E. Anderson, Todd M. Baiad, David Michael Conner, and William L. Ronning were selected for the 2009 list.

Selection for the Georgia Rising Stars list includes peer nominations, a panel review, and background research on the candidates. The Rising Stars list was created in 1998 torecognize the top attorneys who were advancing quickly in the law field.

February 25, 2009 - Georgia Super Lawyers Honors Eight Attorneys at Bouhan, Williams & Levy LLP

Bouhan, Williams & Levy LLP in Savannah, GA is proud to announce that eight of the firm’s attorneys were recently selected for the Georgia Super Lawyers list for 2009. Only 5 percent of Georgia lawyers are chosen for the list each year.

Walter C. Hartridge, Leamon R. Holliday III, Carlton E. Joyce, B. H. Levy Jr., Peter D. Muller, Roy E. Paul, Edwin D. Robb, and Frank “Sonny” Seiler were selected for the 2009 list.

The Georgia Super Lawyers list is a part of Georgia Super Lawyers magazine. The magazine is mailed to ABA-accredited law school libraries and attorneys throughout the state. It is also featured in a special section of the March 2009 issue of Atlanta Magazine.

Selection for the Super Lawyers list includes peer nominations, a panel review, and research on the candidates. The purpose of the list is to create a reliable directory of attorneys that can be used as a resource to assist other attorneys, and the general public who are searching for successful attorneys in their region.

February 19, 2009 - Savannah Lawyers To Host Local, State and Federal Judges

The Savannah Chapter of the Georgia Association of Women Lawyers and the Young Lawyers Division of the Savannah Bar Association are partnering to honor several local, state and federal judges on Thursday, March 5.

The private reception begins at 6 p.m. at the Armstrong House in the office of Bouhan, Williams & Levy, located at 447 Bull Street in Savannah. About 50 – 70 people are expected to attend. The reception will coincide with the opening of the Satellite Office of the State Bar Association in Savannah.

This is the first time these two organizations have partnered to host an event. The aim is for lawyers in Savannah to interact and establish relationships with notable judges throughout Georgia.

The Georgia Association of Women Lawyers is designed to support the interests and ideas of women lawyers. The Savannah Chapter meets monthly for networking opportunities, discussions and volunteers regularly at local charities in Savannah.

The Young Lawyers Division of the Savannah Bar Association is dedicated to serving the public and strengthening the law profession. They partner with other lawyers throughout the state to complete a variety of projects and programs.

For more information about these organizations go to http://www.gabar.org/ or http://www.gawl.org/

January 29, 2009 - Bouhan, Williams & Levy Hosts Reception for University of Georgia Business School

Bouhan, Williams & Levy was honored to host a reception for alumni and guests of the Terry College of Business from the University of Georgia. On January 21, 2009, approximately 75 Business School alumni and guests gathered at the historic Armstrong House to hear Robert T. Sumichrast, Dean of the Terry College of Business, speak. Dean Sumichrast provided the attendees with his insight into the current economic outlook for Georgia and the country and gave an update on the Terry College of Business.