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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,…

Court Finds that P&I Club Member Must Play by the Rules

November 8, 2017

By Peter Tonge

This guest post is authored by Peter Tonge, our 2017-2018 Fall-Winter Maritime & Transportation Intern. In TransAtlantic Lines LLC v….

New Conflict of Interest Law

September 26, 2017

By Andrew P. Brucker

The vast majority of cooperative housing corporations in New York were created under the Business Corporation Law (the “BCL”), and…

New New York City Heating Rules

August 18, 2017

By Howard Schechter and Denise DeNicola

A recent change to the NYC heating regulations will go into effect when the heating season begins on October 1….

Recent Employment Laws Relating to Hiring

May 25, 2017

By Andrew P. Brucker and Marijana Predovan

In the last few years, new state and local laws have changed the types of questions, investigation, and considerations that…

New Local Law 140 of 2016 Protects Freelance Workers

May 15, 2017

By Marijana Predovan and Howard Schechter

A New York City law protecting freelance workers took effect on May 15, 2017.  It broadly applies to all employers…

Is the Verdict Still Out on Whether, Post-Tincher, Defense Evidence of a Product’s Compliance with Regulatory and Industry Standards is Admissible at the Trial of a Pennsylvania Strict Product Liability Case?

May 9, 2017

By Albert L. Piccerilli

In Tincher v. Omega Flex, Inc., 104 A.3d 328 (Pa. 2014), the Pennsylvania Supreme Court reversed course by overruling its…

Agreement Conveying Nominal Ownership Share in a Sailboat is Maritime When the Principal Objective of the Agreement was to Convey Exclusive Use of the Sailboat

March 3, 2017

By Robert E. O'Connor

In Federal Insurance Company v Speedboat Racing Ltd, Senior District Judge Haight considered liability for damages to a sailboat which…