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When Is A Mixed Insurance Contract A Maritime Contract?

February 22, 2017

Eric Chang

Whether a mixed insurance contract (i.e., an insurance contract with maritime and non-maritime elements) permits the exercise of admiralty jurisdiction…

Responsible Party’s Efforts To Avoid Payment Of Clean Up Costs Denied

February 21, 2017

Eugene J. O'Connor

In U.S. v. American Commercial Lines,  the U.S. District Court for the Eastern District of Louisiana considered a 2008 oil…

Philly says NO to asking about prospective employee’s wage history

January 27, 2017

On January 23, 2017, Philadelphia became the first city in Pennsylvania to enact a Wage Equity Law prohibiting employers from…

O.W. Bunker Litigation in the United States: O.W. Bunker “provided” necessaries and has maritime liens

January 24, 2017


By Robert E. O'Connor

United States District Judge Valerie E. Caproni recently issued a highly anticipated order and opinion in three O.W. Bunker “test”…

National Pollution Funds Center Acted Arbitrarily and Capriciously When Denying Claim for Oil Spill Clean Up Costs

January 4, 2017

In a recent decision, the United States District Court for the District of Columbia took the rare step of holding…

Employee Benefits Issues for 2017

December 8, 2016

Early 2017 Health Insurance Reporting Obligations The Affordable Care Act established two reporting requirements for employers and insurers.  Each year, an…

Federal Judge Blocks Overtime Rule

November 28, 2016

On November 22, 2016, a federal district court in Texas granted a nationwide preliminary injunction enjoining the implementation and enforcement…

CMS Issues Final Requirements for Participation for Long Term Care Facilities: First Complete Update Since 1991

October 11, 2016

Catherine H. Gillespie

On October 4, 2016, the Federal Register published the Centers for Medicare and Medicaid Services revised requirements for long term…

Inventive Allegations of Racketeering on the Rise in Maritime Context

September 8, 2016

Eric Chang

Recently, shippers have been filing suit for cargo damage or loss under the umbrella of the federal Racketeering Influenced and…

When multiple parties seek the attachment of the same cargo via both federal and state courts, the first to serve proper papers wins

September 7, 2016

Alfred J. Kuffler

In Stemcor USA Inc v America Metals Trading LLP, the District Court for the Eastern District of Louisiana recently considered…

The M/V MSC FLAMINIA – Foreign officer estate claims against the vessel interests dismissed

September 1, 2016

Timothy Semenoro

On July 14, 2012, the container ship MSC FLAMINIA suffered a catastrophic explosion and fire, while in the middle of…

Southern District Finds “Separate Entity Rule” No Obstacle to Foreign Arbitration Awards Against Bank Guarantor

August 31, 2016

Ethan Hougah

In Crescendo Maritime Co. v. Bank of Communications Co. Ltd., the District Court for the Southern District of New York considered,…

A Carrier’s Lien on Cargo Already Delivered is Extended to Cargo Subsequently in Carrier’s Possession

August 31, 2016

Alfred J. Kuffler

In World Imports Ltd. v. OEC Group, the United States Court of Appeals for the Third Circuit upheld a carrier’s…

No Sympathy for Spoiled Melons – Service Contract Terms Upheld

August 31, 2016

Vincent M. DeOrchis

Sometimes you just can’t win.  In Sol Group Marketing Co. v. American President Lines, Ltd. before the Southern District of New…

Foreign Filmmaker Subpoenaed at Film Festival “directed” by the Court to Comply

August 31, 2016

Kaspar Kielland

In Probulk Carriers Limited v. Marvel International Management and Transportation, Judge Lewis A. Kaplan of the United States District Court…

OCSLA Choice of Law is Not Waivable, and Maritime Law Not Applicable to Oil and Gas Exploration/Production Activities on the Outer Continental Shelf

August 31, 2016

Melanie A. Leney

In Petrobras America, Inc. v. Vicinay Cadenas, the United States Court of Appeals for the Fifth Circuit handed down two significant…

Typical on deck stowage case poses some interesting questions

August 31, 2016

Vincent M. DeOrchis

In Atwood Oceanics, Inc. v. M/V PAC Altair, the Southern District of Alabama considered what happens when a carrier wants…

Post-Daimler, Courts are split on when foreign and domestic corporate defendants are subject to general in personam jurisdiction

August 31, 2016

Albert L. Piccerilli and Cora A. Dayon

The United States Supreme Court’s decision in Daimler AG v. Bauman has altered the legal landscape as to where a corporate…

U.S. Bankruptcy Court Finds Performance Under Maritime Service Contract Excused Where Carrier Discontinues Voyages

August 31, 2016

Davis Lee Wright

The United States Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) recently recommended that the United…

U.S. Bankruptcy Court Relies on International Comity to Invalidate Rule B Attachments

August 31, 2016

Davis Lee Wright

Relying on the principle of international comity embodied in Chapter 15 of the United States Bankruptcy Code, the United States…