MBW attorneys have literally “covered the waterfront” on maritime litigation in both state and federal courts. This experience includes personal injury and death claims brought by seamen under the Jones Act;[1] marine workers under 905(b) and 933 of the Longshore Act;[2] ship’s pilots, passengers and business invitees under the general maritime law,[3] including DOHSA;[4] workers on offshore oil & gas platforms under OCSLA;[5] recreational boat and inshore oil & gas platform workers under the Louisiana Civil Code;[6] and, claims against classification societies allegedly caused by vessels, appurtenances, equipment and structures classed under those societies’ rules.
MBW attorneys are also experienced in litigation associated with marine property damage or economic loss including claims resulting from collisions,[7] allisions,[8] groundings, oyster lease damage, pollution, spills, sinkings, fires, barge breakaways, cargo damage, hull damage, engine damage, yacht damage, dock damage, products liability, pipeline damage, wake and wave-wash damage, salvage claims, and, claims based upon declarations of general average.[9] These types of claims often trigger legal issues unique to maritime law such as certain presumptions of fault,[10] a specific burden of proof for proximate cause,[11] defenses to damage claims,[12] limitations on the recovery of damages,[13] time-bars to claims,[14] and, the recovery of pre-judgment interest.[15]
Finally, MBW attorneys are familiar with the procedures and rules unique to maritime law. These include the Federal Supplemental Admiralty Rules,[16] several of which govern vessel arrests and/or seizures, both in rem and quasi in rem, as well as possessory actions; the Limitation of liability Act;[17] and, the ranking of maritime liens.[18]
A related practice issue arises from the marine insurance that provides the necessary coverage for marine liability and property damage. Most marine policies subject shipowners to the doctrine of uberrimae fides (a requirement of utmost good faith when seeking coverage) and certain implied warranties of seaworthiness owed by a shipowner that attach to coverage.
MBW attorneys consult, advise and litigate on coverage issues associated with P & I,[19] MGL,[20] MEL,[21]bumbershoot,[22] hull,[23] excess,[24] pollution,[25] and cargo insurance. This area of practice includes coverage opinions, coverage litigation, and consultation on insurance coverage forms, particularly manuscript forms as well as deletions or exclusions to Tug, Hull, excess and other traditional marine forms.
MBW attorneys also advise on and draft a variety of marine agreements including time, bareboat and “Evergreen” charter agreements, contracts of affreightment, as well as marine and offshore indemnity agreements.
MBW attorneys are members of various marine organizations including the Maritime Law Society of the United States, the Association of Average Adjusters of the United States & Canada, the Southeastern Admiralty Law Institute, and, the Mariner’s Club of the Port of New Orleans.
If you are faced with a maritime claim, you need an attorney with experience defending admiralty cases. The maritime injury attorneys at Milling Benson Woodward L.L.P. have experience helping maritime businesses throughout LA protect themselves and limit their exposure in injury claims. Call us at or contact us online to arrange a consultation with an admiralty lawyer at our New Orleans office.
Partner with Louisiana’s Admiralty and Maritime Law Experts — Reduce Exposure, Protect Your Business
Dear Clients,
After 130 years of practicing law in the State of Louisiana, the law firm of Milling Benson Woodware, L.L.P. has closed its practice of law and will cease providing professional services, effective as of 5 PM, February 18, 2026. After that time the firm will no longer represent you or other clients in any matters, cases or files.
Contact Your Attorney
To ensure your legal matters are handled without interruption, it is necessary for you to contact the individual attorney that previously handled your file or retain new counsel as soon as possible. If you have not already been contacted by your attorney for the continued handling of your files, you may contact our office before March 27, 2026, and we will attempt to put you in touch with the attorney that previously handled your file. Some of the attorneys previously with the firm will continue to practice elsewhere, and you should reach out to them or your new attorney as soon as possible.
File Retrieval by March 27, 2026
If you believe that we have any of your client files still in our possession they will be available for transfer to you or your attorney on or before March 27, 2026. If you want us to see if a file is available for transfer to you or your attorney, please reply to this email and provide written authorization to make the transfer, including the name and address (or other contact information) of your lawyer. If you prefer to personally take possession of your files, you may pick up your file at our office located at 68031 Capital Trace Row, Mandeville, LA 70471, on or before March 27, 2026.
After March 27, 2026, we will promptly proceed with arranging for the destruction of any files (other than Last Wills) not transferred to an attorney or picked up by you (or our representative) from our office. The files not transferred will be destroyed by shredding to protect all confidential information. Since the firm is going out of business, we will have no office location available to further store client files.
The Last Wills and Testaments in our possession will be transferred to Kayla Martynenko, Attorney in Mandeville, LA, who can be reached by email at kayla@legacylitigator.com. Ms. Martynenko will be attempting to reach out to those who signed Last Wills for which she takes possession. Let her know if you want another attorney to take possession of your Last Will or if you want to pick up the Last Will from her office.
Should you need additional information or want to arrange to pick up your file, you may contact our office manager, Vicky Cochran, by e-mail at vcochran@millinglaw.com or by calling Vicky Cochran at (985) 292-2015. Be sure to contact Vicky by 5 PM, March 27, 2026, to arrange for transfer of your files.
We thank you for the opportunity to have served your legal needs and wish you all the best in your future endeavors.
Sincerely,
MILLING BENSON WOODWARD L.L.P
C. Randall Loewen Managing Partner / Liquidator
