Helix Energy Solutions Group, Inc. v. Howard

I join Justice Christopher’s majority opinion for the Court in full. I write separately to provide further explanation for my conclusion that expedited court determination of maintenance and cure is a procedural rather than a substantive feature of federal maritime law, and thus it does not preempt applicable Texas procedures.

As my colleagues’ opinions explain, the federal courts are divided regarding when and under what circumstances a court may compel a seaman’s employer to pay the seaman maintenance and cure. Because the federal decisions often do not recount in detail the procedural…