James D. Bercaw

Jim is a member in our New Orleans office whose practice focuses primarily on the offshore oil and gas and maritime industries. His knowledge on rising issues in the area produces efficient, strategic solutions for clients. Jim's primary practice fields include offshore and maritime casualty litigation, maritime lien enforcement and collection, as well as insurance coverage and commercial litigation.

Jim attended the University of Alabama where he earned his Bachelor of Arts in political science in 1987 and his juris doctor in 1990. During law school, he served as an editor for The Journal of the Legal Profession, was selected as a member of the Bench and Bar Legal Honor Society, and received Best Paper honors in Products Liability. He was also selected to the Jasons Honor Society. Jim was born in Allentown, PA, and is the father of two sons. He is a director of the Christian Brothers Foundation.

• ING Bank N.V. v. M/V TEMARA, 892 F.3d 511 (2d Cir. 2018), In reversing adverse district court ruling, Second Circuit concluded only the contract supplier of necessaries holds the maritime lien for non-payment, even where necessaries were delivered to the vessel by a subcontractor
• World Fuel Servs. Singapore Pte Ltd. v. Bulk Juliana M/V, U.S. 5th Circuit, Participated as amicus curiae in appeal that enforced maritime lien in the United States against vessel for non-payment of bunkers supplied in Singapore 
• Alleman v. Omni Energy Services Corp., U.S. 5th Circuit, Successfully secured court ruling in issue of law that contract for helicopter services was non-maritime
• Pacorini USA Inc. v. ROSINA TOPIC M/V, U.S. 5th Circuit, Obtained successful dismissal of purported claim for maritime lien
• Guevara v. Maritime Overseas Corp., U.S. 5th Circuit, Participated as amicus curiae in reconsideration en banc that vessel owner was not liable to seaman for punitive damages arising out of provision of maintenance and cure
• Mooney v. W&T Offshore, Inc., E.D.La., Obtained ruling under recent Supreme Court precedent that a tension leg platform was not a vessel as a matter of law
• Stuart Consulting Group, Inc. v. Loyless, La. 5th Cir., Successfully overturned Board of Review decision and obtained judgment that former employee quit and thus was not entitled to unemployment compensation benefits
• Sciacca v. Ives, La. 4th Cir., Successfully reversed district court decision that co-tenant was liable for full rent upon rejection of other co-tenant’s tender of partial payment

Publications

• "Misdelivery of Cargo and its Effects in the United States," Maritime and Transport Law News, vol. 15, no. 1 (Int’l Bar Ass’n, May 2019).
• "Pre-judgment Attachment of Assets in the United States District Court," Maritime and Transport Law News, vol. 14, no. 19 (Int’l Bar Ass’n, June 2018).

Speaking Engagements

• "Salvage and General Average" - International Bar Association Maritime and Transport Law Committee Mid-Year Conference; Singapore; June 6-8, 2022
• "Decommissioning in the Offshore Oil and Gas Sector" - International Bar Association Annual Conference; Seoul, South Korea; September 25, 2019
• "Requirements of the Marcel Exception to the Louisiana Oilfield Indemnity Act (“LOIA”)" - In-house presentation at large, independent insurance broker; Houston, TX; March 1, 2017
• "Enforceability of Knock-for-Knock Provisions in the U.S. Gulf of Mexico" - AIJA Double Seminar; Copenhagen, Denmark; October 4, 2014
• "Contractual Risk Management: How Attorneys Work Themselves Out of Work (or Not)" - Association of Corporate Counsel - Louisiana Chapter; New Orleans, LA; June 12, 2014

• Christian Brothers Foundation, Board Member, 2018-present
• Longshore Claims Association
• International Bar Association 
  - Maritime and Transport Law Committee Officer, North American Representative
• Maritime Law Association

• Physical Supplier of Bunkers Lacks Standing to Challenge Validity of Assignment of Maritime Lien to ING Bank, 01.18.2019
• Ninth Circuit Limits its KEN LUCKY Decision to its Procedural Peculiarities, 10.26.2018
• More Energy Service Contracts Should Now Qualify as Maritime, 01.12.2018
• Is There a Coming Sea Change in the Analysis of whether Energy Services Contracts are Maritime?, 06.28.2017
• Fifth Circuit Affirms Use of Special Jury Interrogatory on Whether an Accident Occurred, 02.13.2017
• Forget the Invites, Use a Contract Instead, 02.15.2016
• Eighteen Percentage Spread between Pre- and Post-Judgment Interest Rates Affirmed, 03.10.2015
• When In Doubt, File the Limitation Complaint (Part III): The Test Is Reasonable Possibility, 12.09.2014
• UPDATE: Punitive Damages for Jones Act Seamen are not “Pining for the Fjords, they’re Dead”!, 09.26.2014
• Enforcing Foreign Judgments in U.S. Admiralty Courts: Second Circuit Prefers Substance Over Form, 06.24.2014
• But I’m Not Dead Yet! Punitive Damages for Unseaworthiness Claims Live On, 10.03.2013
• File the Complaint for Limitation of Liability: Part 2, 07.23.2013
• If in Doubt, File the Complaint for Limitation of Liability, 02.23.2012