Search Alerts and Resources
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…
Vacating An Arbitration Award Remains Difficult
February 24, 2017
Vincent M. DeOrchisICC Chemical Corp. v. Nordic Tankers Trading A/S The issue of whether an arbitration award in the U.S. can be…
The Best $518 World Fuel Services Ever Spent: AGCS Marine Insurance Company V. World Fuel Services
February 24, 2017
Tricia J. SaddThe theft of over $17 Million worth of marine gasoil (“MGO”) prompted an insurance coverage dispute in AGCS Marine Insurance…
When Is A Mixed Insurance Contract A Maritime Contract?
February 22, 2017
Eric ChangWhether 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'ConnorIn 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…
CMS Issues Final Requirements for Participation for Long Term Care Facilities: First Complete Update Since 1991
October 11, 2016
Catherine H. GillespieOn 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 ChangRecently, shippers have been filing suit for cargo damage or loss under the umbrella of the federal Racketeering Influenced and…