Search Alerts and Resources
The Right to Be Forgotten – California ≠ Europe
July 2, 2018
By Jeremy D. Mishkin and Ernest D. Holtzheimer
The European Union has endorsed a “right to be forgotten” since May 2014 when the European Court of Justice upheld…
United States Supreme Court: Government Employers Cannot Withhold Union Dues from Non-Union Employees
June 27, 2018
By William K. Kennedy and Brett M. Waldron
Today, the United States Supreme Court issued a decision declaring that the First Amendment of the Constitution prohibits government employers…
ISM: A Potent Tool for Defense of Ship Owners
June 25, 2018
By Alfred Kuffler
The IMO Resolution A.741 (18) states that “The international Safety Management Code seeks ‘… to ensure safety at sea, prevention of…
ISM and the Sinking of the SS El Faro
June 25, 2018
By Alfred Kuffler
The National Transportation Safety Board has published its report of its investigation into the sinking of the SS El Faro…
United States Supreme Court: Arbitration Agreements May Waive Employees’ Rights to Bring Class Actions
May 22, 2018
By Frank A. Chernak and Miriam H. Straus
In a 5-4 decision, the U.S. Supreme Court held that arbitration agreements between employees and employers waiving employees’ rights to…
Pennsylvania Superior Court Looks to Electronic Media Precedent to Adopt a Standard for Authenticating Social Media Posts
March 28, 2018
By Michael C. Witsch and Robert H. Bender, Jr.
On March 15, 2018, as a matter of first impression, a unanimous panel of the Superior Court of Pennsylvania looked…
New York City Human Rights Law Amended to Mandate “Cooperative Dialogue” with Employees Seeking an Accommodation
February 13, 2018
By Renee Nunley Smith
On January 19, 2018, New York enacted an amendment to the New York City Human Rights Law (“NYCHRL”) mandating that…
New NYC Laws Regarding Smoking
January 12, 2018
By Andrew P. Brucker and Marijana Predovan
Summary Owners of New York City residential buildings consisting of three or more units, whether a rental, a cooperative or…
Does a Co-op or Condo Need a Harassment Policy? Absolutely!
January 10, 2018
By Andrew P. Brucker
Introduction One cannot open a newspaper or listen to the news without hearing the latest reports of harassment. And although…
Moldy Corn and Wrongful Arrest: The Potential Costs of Sloppy Paperwork
November 21, 2017
By Kaspar Kielland
In Casillo Commodities Italia S.p.a. v. M/V Long Cheer et al., Civ. No. 16-16612 (June 28, 2017), the charterer of…
The Definition of ‘Merchant’ in the Era of Blockchain Technology
November 20, 2017
By Wook Chung
When ocean freight remains unpaid or detention/demurrage charges are due and owing, ocean carriers typically claim against every party identified…
The Shipping Act bars Clayton Antitrust Act Relief
November 20, 2017
By Eric Chang
In re Vehicle Carrier Services Antitrust Litigation, 846 F.3d 71 (3d Cir. 2017), involved claims by plaintiff purchasers of vehicles…
Punitive Damages Ahoy!
November 16, 2017
By Alfred J. Kuffler
In Tabingo v. American Triumph LLC, No. 92913-1 (Wash., March 9, 2017), the Supreme Court of the State of Washington…
Charter Party “No Lien” Clause Enforced
November 16, 2017
By Timothy Semenoro
In Cal Dive Offshore Contractors, Inc. v. M/V SAMPSON, the U.S. District Court for the Southern District of New York…
Sole Third-Party Fault and Limitation of Liability Defenses Under the Oil Pollution Act of 1990 Clarified
November 16, 2017
By Eugene J. O'Connor
The case of US v. American Commercial Lines, LLC, No. 16-31150 (5th Cir. Nov. 7, 2017), is the latest chapter…
Recovery of Purely Economic Damages From Third Parties for an Oil Spill
November 10, 2017
By Robert E. O’Connor
In re Settoon Towing, L.L.C., 859 F.3d 340 (5th Cir. 2017), two flotillas of barges were sailing southbound on the…
Arbitration Clause Narrowly Construed
November 9, 2017
By Eugene J. O'Connor
The case of Iota Shipholding Ltd. v. Starr Indemnity and Liability Company, 16 cv 4881, 2017 WL 2374359, 2017 A.M.C….
Poorly Written Choice of Law Clause Causes a Dilemma
November 9, 2017
By Vincent M. DeOrchis
A good example of how cases can be treated differently by a court or an arbitration panel can be glimpsed…
Jurisdiction 101 in a Maritime Casualty Case Brought in the U.S.
November 9, 2017
By John J. Levy
This is a good case to tuck away in your files under U.S. “jurisdiction” law. Following a fire aboard a…
Jurisdiction Clauses Are Enforced
November 8, 2017
By Vincent M. DeOrchis
A recent case from the federal court in New York confirms that jurisdiction clauses are difficult to overcome. In ThyssenKrupp Materials NA,…