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Civil Remedies Civil Procedure Maritime

Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:

Punitive Damages Only Mostly Dead Under General Maritime Law

Following the Fifth Circuit’s opinion in McBride v. Estis Well Service, 768 F.3d 382, 391 (5th Cir. 2014), we reported that punitive damages had “expired and gone to meet their maker” when it comes to Jones Act seamen. As it...more

Mitigation and the assessment of damages on early redelivery – “The New Flamenco”

by Reed Smith on

Mitigation and the assessment of damages on early redelivery – “The New Flamenco” - Assessing the level of damages recoverable following the early redelivery of a vessel under a time charter can be a complex area of law...more

The challenge of mitigating your losses where there is no available market – ‘The New Flamenco’

by Reed Smith on

Mitigation of damage where there is no available market is a difficult area of law and can be challenging. As the Court of Appeal recognised recently in its judgment in The New Flamenco, “it is notoriously difficult to lay...more

Freeze, Ship – You’re Under Arrest: Former Warship Now Underwater Following Court Order

The Federal Court ordered that a former Royal Canadian Navy destroyer be released from arrest before trial, without bail, so the ship could be sunk by its owner to create an artificial reef near Vancouver. ...more

Is payment of time charter hire a condition? The Astra reconsidered.

by Reed Smith on

In Kuwait Rocks Co v AMB Bulkcarriers Inc (The Astra), Flaux J determined that the obligation to make punctual payment of hire under an amended NYPE time charter, whether on its own or in conjunction with an anti-technicality...more

Asbestos MDL Court Concludes Punitive Damages for Unseaworthiness Allowed for Seaman But Not for a Seaman’s Personal...

In a consolidated asbestos products liability multidistrict litigation (MDL), the U.S. District Court for the Eastern District of Pennsylvania held in In re Asbestos Products Liability Litigation (No. VI), MDL 875, that...more

Enforcing Foreign Judgments in U.S. Admiralty Courts: Second Circuit Prefers Substance Over Form

After protracted and expensive litigation overseas, you obtain a judgment against the defendant. There remains one series of hurdles left to cross: the defendant refuses to pay that judgment and has no assets in the country...more

Foundering On "Sea-Tossed" Waters? The Fifth Circuit Grants En Banc Rehearing in Estis

by Baker Donelson on

After making a splash in October of 2013 with a landmark ruling in McBride v. Estis Well Service, L.L.C., 731 F.3d 505, 517 (5th Cir. 2013) "that punitive damages remain available to seamen as a remedy for the general...more

Second Circuit Firmly Aligns (for now) with the Robins Dry Dock Rule on Non-Recoverability of Pure Economic Damages Absent...

by Baker Donelson on

The United States Court of Appeals for the Second Circuit in American Petroleum & Transport, Inc. v. New York, 2013 WL 6332548 (2d Cir. Dec. 6, 2013) recently - albeit reluctantly - joined the fleet of other federal circuit...more

Virginia Supreme Court decision reversing $17.5 million asbestos verdict against ExxonMobil Corp. stands

by McAfee & Taft on

On June 10, 2013, the U.S. Supreme Court declined to accept the appeal of a case dealing with the duty of ship owners, under the Longshore and Harbor Workers’ Compensation Act (33 U.S.C. §§ 901, et seq.), to intervene in...more

Gross Negligence The Focus Of BP Oil Spill Post-Trial Briefing Order

Gross negligence is a focus of post-trial briefing orders in the BP oil spill litigation. After weeks of testimony, and dramatic “reveals” of newly discovered evidence that had been hiding in labs for years, the Phase...more

US v. Pokerstars, et. al.

NOTICE OF CASE REASSIGNMENT to Hon. Judge Kimba M. Wood

by Ian Imrich on

NOTICE OF CASE REASSIGNMENT to Judge Kimba M. Wood. Judge Leonard B. Sand is no longer assigned to the case. (pgu) (Entered: 11/29/2012) ...more

11th Circuit Approves Pro Rata Apportionment to Plaintiff and Intervenors of Attachment Costs

In the unpublished opinion of Adams Offshore, Ltd. v. Blake Marine Group, No. 11-12753 (11th Cir. Apr. 27, 2012), the Eleventh Circuit Court of Appeals adopted the Fifth Circuit’s suggestion in Beauregard, Inc. v. Sword...more

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