In today's episode, Michael Schmidt offers the takeaways from the Supreme Court's June 2022 Dobbs decision overturning Roe v. Wade, and is joined by his Cozen O'Connor colleagues for a roundtable discussion on the impact of...more
When a vessel is arrested in the United States, the U.S. Marshals Service is the federal agency that takes the vessel into the arresting court’s custody. However, the U.S. Marshals Service is a law enforcement agency and is...more
On April 16, 2020, Rolls-Royce PLC filed a motion to stay proceedings in the U.S. Court of Appeals for the Fourth Circuit while it prepares the filing of a petition for a writ of certiorari to the U.S. Supreme Court. In the...more
Starting in May of last year, Carnival Corporation (Carnival), Norwegian Cruise Line Holdings Ltd. (NCL), Royal Caribbean Cruises Ltd. (Royal) and MSC Cruises S.A./MSC Cruises (USA) Inc. (MSC and together with Carnival, NCL...more
On March 30, 2020, in Citgo Asphalt Refining Co. v. Fescati Shipping Co., Ltd., the U.S. Supreme Court held that, based on its specific wording, a charter party’s safe-berth clause constituted an express warranty of safety,...more
4/2/2020
/ CITGO Asphalt Refining Co v Frescati Shipping Co Ltd ,
Clean-Up Costs ,
Contract Terms ,
Crude Oil ,
Oil & Gas ,
Oil Pollution Act of 1990 (OPA 90) ,
Safe-Berth Clause ,
SCOTUS ,
Shipping Cargo ,
Split of Authority ,
Strict Liability ,
Subcharter Agreements ,
Vessels ,
Warranty of Safety
If you ever watched “Comedians in Cars Getting Coffee,” you know that Jerry Seinfeld is an avid aficionado of rare cars, particularly Porsches. Fica Frio, Ltd. v. Jerry Seinfeld v. European Collectibles, Inc., shows how his...more
On October 17, 2019, U.S. District Judge Marcia Morales Howard of the U.S. District Court for the Middle District of Florida, Jacksonville Division, dismissed sua sponte the complaint filed by plaintiff Sompo Japan Nipponkoa...more
Under 28 U.S.C. § 1782(a), a federal district court may order discovery “for use in a proceeding in a foreign or international tribunal” upon application by “any interested person.” On September 19, 2019, in Abdul Latif...more
Jaswinder Singh filed a putative class action against Uber Technologies, Inc. (Uber) in New Jersey Superior Court, arguing that the Uber employment contract improperly classified plaintiff and other drivers as independent...more
On March 19, 2019, the U.S. Supreme Court decided the first case involving maritime law in several years. In Air & Liquid Systems Corp. et al v. Devries, et al, 586 US ___ (2019), Justice Kavanaugh, writing for the majority...more
3/21/2019
/ Actual or Constructive Knowledge ,
Air and Liquid Systems Corp et al v Devries et al ,
Appeals ,
Asbestos ,
Asbestos Litigation ,
Component Parts Doctrine ,
Duty to Warn ,
Intended Use ,
Manufacturers ,
Maritime Transport ,
Reaffirmation ,
SCOTUS ,
Toxic Exposure ,
U.S. Navy ,
Wrongful Death
In August of 2018, the Advisory Committee on Civil Rules proposed a number of amendments to certain appellate, bankruptcy, civil, and evidence rules applicable to litigation in U.S. federal courts. It is beyond the scope of...more
The Federal Arbitration Act (FAA) requires courts to enforce private arbitration provisions contained in agreements between private parties. But the U.S. Supreme Court recently carved out an exception to the otherwise...more
1/24/2019
/ Appeals ,
Arbitration Agreements ,
Commercial Truck Drivers ,
Employment Contract ,
Exceptions ,
Federal Arbitration Act ,
Independent Contractors ,
Motion to Compel ,
New Prime v Oliveira ,
Question of Arbitrability ,
Reaffirmation ,
SCOTUS
The recent introduction of H.R. 4727 in the House of Representatives marks the first step toward insulating freight brokers and third-party logistics providers (3PLs) from claims by plaintiffs who seek an alternate source for...more
In a case of first impression that interpreted the force majeure provisions of an industry contract form promulgated by the North American Energy Standards Board (NAESB), Cozen O’Connor prevailed on behalf of plaintiff when,...more