Thomas C. Fitzhugh III

Partner / Houston

P: 713.588.0446

Tom Fitzhugh is a partner in SBSB Eastham’s Houston office and is a premier authority on maritime law and the Longshore and Harbor Workers’ Compensation Act. His expertise in the law and the precedent behind it is a microcosm of his broader knowledge of maritime law, as he has regularly appeared before the U.S. Court of Appeals, the Benefits Review Board and administrative judges to litigate related cases. He also created the Maritime Security Council of the United States and has spoken on maritime security issues before foreign governments.

A member of SBSB Eastham’s bench since February 2016, Tom has experience as a research geophysicist and is a frequent lecturer and author on maritime and Longshore law. A graduate of Texas A&M University, he remains deeply involved in the university community, serving as a recurring guest lecturer and a classroom adjunct instructor for courses in business and environmental law, labor and employment law and graduate maritime law.

Tom is admitted to the State Bar of Texas and the District of Columbia Bar and is licensed to practice before the U.S. Supreme Court, multiple U.S. Courts of Appeals and U.S. District Courts across Texas, Illinois, Iowa and California. In addition, he has handled cases in Arkansas, Florida and Massachusetts on a pro hac basis. He has been honored with an AV Preeminent rating by Martindale-Hubbell for professional excellence, and his extensive knowledge in maritime and multiple other practice areas make him an ace resource for clients.

Practice Areas

Practice Areas

  • Admiralty and Maritime
  • Commercial Litigation
  • Defense Base Act
  • Energy
  • Federal Workers’ Compensation
  • General Liability
  • Longshore and Harbor Workers’ Compensation
  • Subrogation
  • Transportation

Classes and Seminars Taught

Texas A&M University

  • MARA 212, Business Law
  • MARA 421, Admiralty Law
  • MARA 435, Labor Law and Policy
  • MARA 470, Environmental Law
  • MARA 485, Directed Studies
  • MARA 486, International Maritime Business (London)
  • MARA 689, Graduate Topics in Maritime Law

Professional Memberships

  • The Longshore Institute
  • American Bar Association – State Bar of Texas
  • Proctor Member of the Maritime Law Association of the United States,
    Committee on Stevedores, Marine Terminals, and Vessel Services
  • Association of Average Adjusters of the United States and Canada
  • Association of Average Adjusters UK
  • Life Fellow of the Texas Bar Foundation
  • Charter Member of the College of the State Bar of Texas
  • Houston Bar Association
  • Houston Maritime Arbitrators Association
  • Propeller Club Port of Houston
  • Houston Mariners Club
  • Houston International Seafarers’ Center
  • Texas Navy Association
  • Maritime Security Council
  • Admiralty Law Institute
  • American Continuing Legal Education Association
  • Defense Research Institute
  • Texas Association of Defense Counsel

Community Involvement

  • Texas A&M:
    • Chancellor’s Century Council
    • President’s Advisory Council
    • Champe Fitzhugh Jr. International Honors Leadership Seminar, Santa Chiara, Italy
  • Christ Church Cathedral:
    • Lay Ministry
    • Liturgical Advisory Council
  • Episcopal Diocese of Texas:
    • Executive Board
    • General Convention Lay Deputy

Languages

  • Fluent in German
  • Working knowledge of Spanish
  • Working knowledge of Italian
  • Working knowledge of French

Education

  • J.D., University of Texas, 1976
    • Graduated with honors
  • B.S., Geophysics, Texas A&M University, 1971

Court Admissions

  • State Bar of Texas
  • District of Columbia Bar
  • Texas: All Courts
  • District of Columbia: All Courts
  • U.S. Supreme Court
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the 11th Circuit
  • U.S. District Court for the Eastern District of Texas
  • U.S. District Court for the Western District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Central District of Illinois
  • U.S. District Court for the Eastern District of Illinois
  • U.S. District Court for the Middle District of Iowa
  • U.S. District Court for the Southern District of California

Representative Cases

  • Amerada Hess v. Dir., OWCP, 543 F.3d 755 (5th Cir. 2008)
  • BPU Management v. Dir., OWCP, 732 F.3d 457 (5th Cir. 2013)
  • New Haven Terminal v. Lake, 337 F.3d 261 (2nd Cir. 2003)
  • Holcim (US) v. Reed, 291 Fed.Appx. 647 (5th Cir. 2008)
  • Randolph v. Laeisz, 862 F.2d 964 (5th Cir. 1990)
  • Oceanic Butler v. Nordahl, 842 F.2d 773 (5th Cir. 1988)
  • TEIA v. Jackson, 862 F.2d 491 (5th Cir. 1988)
  • Leeward Marine v. Dir., OWCP, 647 Fed.Appx. 627 (9th Cir. 2017)
  • Kalaris v. Donovan, 697 F.2d 376 (D.C. Cir. 1983)
  • Villasenor v. Marine Maintenance Industries,17 BRBS 99 (1985)

Certifications

  • Proctor in Admiralty, Maritime Law Association of the United States
  • Maritime Arbitrator, Houston Maritime Arbitrators Association

Honors and Distinctions

  • Rated AV Preeminent by Martindale-Hubbell
  • Texas Top Lawyer, 2020
  • Texas Top Lawyer, 2017
  • Houston’s Best Admiralty Lawyer, 2015
  • The Gold Band Award
  • The Hammer Award
  • The Vice President’s National Performance Review
  • Award of Excellence from the U.S. Secretary of Transportation
  • Outstanding Classroom Teacher, Texas A&M University

Books and Periodicals

  • The Longshore Newsletter (Managing Editor)
  • The Longshore Procedure Manual (Publisher)
  • Longshore Court Index (Editor)
  • International Perspectives on Maritime Security (Editor)
  • The Longshore Textbook (Contributing Author)
  • Benefits Review Board Reporter (Advisory Board Member)
  • SeaNotes, SeaBright Insurance (2007-2012)

Recent Articles

  • “Summary Disposition,” Benefits Review Board Service: Longshore Reporter, October 2019
  • “Will ALJ’s Become Political Pawns?” Benefits Review Board Service: Longshore Reporter, October 2018
  • “Precedent or Not? Confusions About Use of Unpublished Decisions,” Benefits Review Board Service: Longshore Reporter, October 2017
  • “Deepwater Horizon,” Benefits Review Board Service: Longshore Reporter, December 2016
  • “Significant Judicial Decisions Impacting Claims Under the Act,” Loyola Annual Longshore Conference, New Orleans, Louisiana, March 2016
  • “About Time! The ALJ Rules Are Finally Final!” Benefits Review Board Service: Longshore Reporter, December 2015
  • “Are Section 22 Modifications Boundless?” West Coast Longshore Symposium, San Francisco, California, September 2015
  • “Longshore Case Updates & Hot Topics,” Workers’ Compensation Institute, Orlando, Florida, August 2015

Recent Speeches and Presentations

  • University of Texas Admiralty Law Seminar, Houston, Texas, December 2019
  • Longshore Comprehensive Seminar, San Diego, California, February 2019; Tampa, Florida, June 2019; New Orleans, Louisiana, November 2019
  • Longshore Comprehensive Seminar, New Orleans, Louisiana, November 2018
  • Ultimate Jones Act Seminar, New Orleans, Louisiana, November 2018
  • Longshore Comprehensive Seminar, Tampa, Florida, April 2018
  • Longshore Comprehensive Seminar, San Diego, California, February 2018
  • Longshore Advanced Seminar, San Diego, California, February 2018
  • Longshore Comprehensive Seminar, New Orleans, Louisiana, November 2017
  • Longshore Advanced Seminar, New Orleans, Louisiana, November 2017
  • Longshore Comprehensive Seminar, Chicago, Illinois, May 2017
  • Longshore Advanced Seminar, San Francisco, California, February 2017
  • Longshore Comprehensive Seminar, San Francisco, California, February 2017
  • Longshore Advanced Seminar, New Orleans, Louisiana, November 2016
  • Longshore Comprehensive Seminar, New Orleans, Louisiana, November 2016
  • Ultimate Jones Act Seminar, Houston, Texas, October 2016
  • University of Texas Admiralty Law Seminar, Houston, Texas, August 2016
  • Workers’ Compensation Institute, Orlando, Florida, August 2016
  • University of Texas Maritime Law Conference, Houston, Texas, August 2016
  • Annual Longshore Conference, Loyola University, New Orleans, Louisiana, March 2016
  • Longshore Advanced Seminar, San Diego, California, February 2016
  • Longshore Comprehensive Seminar, San Diego, California, February 2016
  • Ultimate Jones Act Seminar, Houston, Texas, March 2016
  • Longshore Advanced Seminar, New Orleans, Louisiana, November 2016
  • Longshore Comprehensive Seminar, New Orleans, Louisiana, November 2016
  • Longshore Advanced Seminar, Las Vegas, Nevada, October 2016
  • Longshore Comprehensive Seminar, Las Vegas, Nevada, October 2016
  • West Coast Longshore Symposium, San Francisco, California, September 2015
  • Workers’ Compensation Institute, Orlando, Florida, August 2015
  • Longshore Advanced Seminar, Orlando, Florida, June 2015
  • Longshore Comprehensive Seminar, Orlando, Florida, June 2015
  • Ultimate Jones Act Seminar, Houston, Texas, April 2015
  • Longshore Advanced Seminar, San Francisco, California, February 2015
  • Longshore Comprehensive Seminar, San Francisco, California, February 2015