11th Circuit Approves Pro Rata Apportionment to Plaintiff and Intervenors of Attachment Costs by King, Krebs & Jurgens, PLLC on 5/10/2012 In the unpublished opinion of Adams Offshore, Ltd.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
What’s done cannot be undone: The perils of e-mail confirmations of payments for vessel necessaries by King, Krebs & Jurgens, PLLC on 3/27/2012 Most contracts for the sale of goods and services contain a standard provision regarding the application of payments on overdue accounts, such as: “When more than one invoice is past due at the same time, Seller shall be...more
SDNY Bankruptcy Court Tackles Jurisdiction of Federal Maritime Commission by Cadwalader, Wickersham & Taft LLP on 3/6/2012 On February 10, 2012, Judge Sean Lane of the United States Bankruptcy Court for the Southern District of New York denied the motion of 22 defendants in adversary proceedings filed by the Debtor, The Containership Company,...more
If in Doubt, File the Complaint for Limitation of Liability by King, Krebs & Jurgens, PLLC on 2/24/2012 One of the recurring issues in handling maritime wrongful death and personal injury claims is determining what information is sufficient to start the vessel owner’s six-month deadline to file a complaint seeking...more
Take stock of the law by Melissa Forbes on 1/1/2012 Trade & Export Middle East, January 2012 Traders who are registered to do business in the UAE, or transact with companies or people based in the UAE, should be aware of the laws that effect their establishment and how to...more
Container Detention Charges Held Not To Be Penalties by Nathan Cecil on 5/12/2011 In a decision handed down on 18 April 2011, the Consumer, Trader and Tenancy Tribunal (“CTTT”) of NSW has held that container detention charges are not penalties and are enforceable at law. This article will be...more
Court of Appeal clarifies issues relating to Marine Insurance, Piracy, and the treatment of Ransom Payments as a matter of English... by Reed Smith on 1/28/2011 Masefield AG v Amlin Corporate Member Ltd [2011] EWCA 24 The Facts The vessel "BUNGA MELATI DUA" was captured in the Gulf of Aden by Somali pirates, while carrying cargo belonging to the Claimant. Negotiations for the...more
Liability of Owners and Operators for Injury to Persons Onboard by Nathan Cecil on 1/12/2011 How far does the obligation of a duty of care regarding safety onboard a ship go? In this decision of the NSW Court of Appeal it was held that the owner and operator of a ship can be jointly liable for breach of duty of care...more
Leadership lesson that hits home by John A. C. Cartner on 12/15/2010 A lewd video shows that the naval service needs a refresher course in effective management. Naval commanders see themselves as exemplary leaders for Constitution or Queen and Country. We, on the other hand, are contracted to...more
Piracy does not Pay: High Court Rules on the Interpretation of Actual and Constructive Total Loss by Edwards Angell Palmer & Dodge LLP on 6/1/2010 Mr Justice David Steel handed down his judgment in the case of Masefield AG v Amlin Corporate Member [2010] EWHC 280 (Comm) on 18 February 2010. The judgment contains a consideration of the concepts of actual and constructive...more
MA Federal Court Assesses Punitive Damages and Attorneys' Fees Against Vessel Owner By Norman A. Peloquin, II, Esq., Brad Gandrup,... by Partridge Snow & Hahn LLP on 5/19/2010 On May 12, 2010, the United States District Court for the District of Massachusetts assessed punitive damages and attorneys' fees against a vessel owner as a result of the owner’s “callous, willful, or recalcitrant” failure...more
Resort Torts: Vacation, Resort and Recreational Liability by John Leighton on 5/6/2010 Resort Torts: Vacation, Resort and Recreational Liability is the publication following John Elliott Leighton's 2nd Annual Resort Tort seminar in Miami, Florida. The seminar, moderated by Brenda Shapiro, Esq., focuses on...more
Wave goodby to inherent vice exclusions? Global Process Systems v. Syarikat Takaful Malaysia Berhad in the Court of Appeals by Edwards Angell Palmer & Dodge LLP on 3/2/2010 In late 2009, the Court of Appeal handed down a judgment which added to a large body of case-law on inherent vice. A key principle in the law of marine insurance, loss caused by inherent vice is typically excluded from cover...more
Resort Torts - Identifying Deadly Dangers for Tourists by John Leighton on 6/1/2009 Article authored by John Elliott Leighton on identifying Resort Torts -- those injuries as a result of vacation, leisure and transportation activities. Published in the South Floridfa Legal Guide in 2009....more