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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….

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…

Employer’s Request to Shift Liability for Permanent Disability to Longshore Special Fund is Denied

March 3, 2017


By Robert E. O'Connor

In Cianbro Corp. v. Dir., Office of Workers’ Comp. Programs, Respondent, an employee who suffered permanent lung impairment during his…

Maritime Lien is Transferred from Vessel on Issuance of Letter of Undertaking

March 3, 2017


By Melanie Leney

In Norwegian Hull Club v. M/V HOS Beaufort, the U.S. District Court in New Orleans considered competing arguments over security…

A collision between excess, marine, and land-based property insurance policies and a dry dock

March 2, 2017


By Timothy Semonoro

In Fireman’s Fund Ins. Co. v. Great American Ins. Co.,the United States Court of Appeals for the Second Circuit considered…

Hanjin Shipping: From the eye of the storm and back

March 1, 2017


By Wook Chung

Since the bankruptcy of Hanjin Shipping Co. Ltd., so many articles have been written about how it happened, why it…

A Seal’s Story – The Importance of Noting Your Remarks at Outturn

February 28, 2017


By Kaspar Kielland

In Affiliated FM Ins. Co. v. M/V Maersk Visby, the New York district court found in favor of an ocean…

Arbitrate in London, Seek Discovery in New York

February 27, 2017


By Matteo Bonuzzi

In In re Ex Parte Application of Kleimar N.V., District Court Judge Marrero of the Southern District of New York denied…