Dawn Marullo and Scott B. Kiefer obtained a favorable decision on a matter that was argued before the United States Fifth Circuit Court of Appeals on June 4th, 2014. The plaintiff, Deren Smith, had filed a complaint pursuant to the Jones Act for the alleged unseaworthiness of an inland workover barge under the General Maritime Law, against Basic Marine Services, Inc. A Motion for Summary Judgment was filed on behalf of Basic Marine seeking dismissal of the Jones Act and unseaworthiness claims on the basis that there was no genuine issue of material fact as to the absence of negligence on behalf of the employer, the unseaworthiness of the vessel, or causation. The District Court granted the Motion for Summary Judgment on August 7th, 2013 and dismissed the plaintiff’s claims in their entirety (Maintenance and cure benefits had at all times been paid to the plaintiff). The plaintiff appealed to the United States Fifth Circuit Court of Appeals and requested oral argument which was granted by the Court. Following oral argument, the panel was comprised of Judges Jennifer Elrod, W. Eugene Davis, and Gregg Costa issued a per curiam decision on June 12th affirming the District Court’s decision granting summary judgment in Basic Marine’s favor. The Court held that “no question of fact was presented tending to establish Basic Marine’s negligence or the unseaworthiness of the vessel….For the reasons stated above and in the district court’s careful August 7th , 2013 Order and Reasons, the judgment is affirmed”. Dawn Marullo prepared the brief and Scott Kiefer presented the oral argument to the Court of Appeals.