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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…

Vacating An Arbitration Award Remains Difficult

February 24, 2017

Vincent M. DeOrchis

ICC 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. Sadd

The 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 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…