Search Alerts and Resources
An Advance To Improve A Ferry Terminal Did Not Give Rise To A Maritime Lien
February 23, 2017
Davis Lee WrightIn Portland Development Corporation v. M/V Nova Star, the United States district Court for the District of Maine (the “District…
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…
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. KufflerIn 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 SemenoroOn 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 HougahIn 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. KufflerIn 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. DeOrchisSometimes 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 KiellandIn 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. LeneyIn 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. DeOrchisIn 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. DayonThe 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 WrightThe 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 WrightRelying on the principle of international comity embodied in Chapter 15 of the United States Bankruptcy Code, the United States…