Search Alerts and Resources
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…
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…