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
Electronic Privacy Information Center v. Department of Homeland Security, et al., Petitionersâ?? Motion To Enforce The Courtâ??s Mandate by Electronic Privacy Information Center on 10/28/2011 EPIC Urges Court to End DHS Delay in Seeking Public Input on Airport Body Scanners EPIC filed papers in federal court today seeking to enforce an order that requires the Department of Homeland Security to detail the...more
Public Private Partnership Upheld For Construction of Presidio Parkway by Sheppard Mullin Richter & Hampton LLP on 9/8/2011 In 2009, the California legislature amended Section 143 of the Streets and Highways Code and greatly expanded availability of the public-private partnership ("P3") as a mechanism to finance transportation infrastructure...more
The Inter-Club Agreement: Amendments relating to Security come into force on 1 September 2011 by Reed Smith on 8/27/2011 The Inter-Club Agreement, which was last amended in 1996 (the "1996 Agreement"), has been further amended to incorporate a new provision dealing with the entitlement to security for cargo claims. The position under the...more
Reed Smith Shipping Group Monthly Bulletin - August 2011 by Reed Smith on 8/17/2011 In This Issue: ARBITRATION ... 3 - The Commercial Court considers the exceptional circumstances in which the English court may grant an injunction restraining an arbitration with a foreign seat ... 3 -...more
High court: WSDOT must pay for Foss cleanup by Lane Powell PC - Environmental Law on 8/1/2011 If there were any doubts about the potent weapon for recovery of environmental costs that the Model Toxics Control Act has become, those questions should be dispelled by a July 19 decision from Division Two of the Washington...more
NJ Supreme Court Rules Person Convicted of DWI can Sue Bar for Own Personal Injuries by Erik Anderson on 6/13/2011 As previously reported, the Appellate Division ruled that a drunk driver who is involved in an accident can sue a tavern, which allegedly over-served him, for personal injuries. At issue in this case is a provision of the...more
RS Shipping Bulletin - February 2011 by Reed Smith on 6/9/2011 In This Issue: 1 Carriage Of Goods . . . 3 1 . 1 Court Of Appeal Considers The Meaning And Reasonableness Of The ‘No Set-Off’ And ‘Time Bar’ Clauses In The British International Freight Association Terms . . . 3 2...more
Reed Smith Shipping Group Monthly Bulletin - May 2011 by Reed Smith on 5/31/2011 In This Issue: ARBITRATION...3 Commercial Court confirms that the court’s power under s.66 Arbitration Act 1996 to enforce an arbitration award extends to declaratory awards...3 Court of Appeal considers...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
Weekly Law Resume - May 5, 2011: Interstate Transport - Carmack Amendment In Absence Of Declared Value, Carrier Liability for Lost... by Low, Ball & Lynch on 5/5/2011 Pacific Indemnity Company v. Pickens Kane Moving & Storage Ninth Circuit Court of Appeals (April 20, 2011) The Carmack Amendment, 49 U.S.C. § 14706, regulates the liability of shippers and carriers for household goods...more
RS Shipping Bulletin - April 2011 by Reed Smith on 4/30/2011 In This Issues: 1 ARBITRATION . . . 3 1 . 1 COURT OF APPEAL ALLOWS SERVICE OF AN ARBITRATION CLAIM FORM ON THIRD PARTIES OUT OF THE JURISDICTION . . . 3 2 CONTRACT . . . 4 2 . 1 ADMIRALTY COURT RULES...more
What Does That Sign Say? No Coverage for Defective Street Signs by Sedgwick LLP on 4/4/2011 U.S. District Court for the Western District of Texas In Admiral Ins. Co. v. H&W Indus. Services, Inc., 2011 WL 318277 (W.D. Tex. February 1, 2011), the U.S. District Court for the Western District of Texas held that a...more
RS Shipping Bulletin - March 2011 by Reed Smith on 3/31/2011 1 ARBITRATION . . . 3 1 . 1 THE FAILURE OF THE MAJORITY OF A TRIBUNAL TO SPECIFICALLY ADDRESS THE CONCERNS OF THE DISSENTING MEMBER WAS NOT A SERIOUS IRREGULARITY UNDER S.68 ARBITRATION ACT 1996 . . . . 3 2...more