Maritime Law › Civil Remedies

Shipbuilders Council of America and OSHA Settle Lawsuit, OSHA Issues First Interpretation Letter for Shipyard Industry on Subpart...

On August 1, 2011, the Occupational Safety and Health Administration’s (OSHA) standards for General Working Conditions in Shipyard Employment (1915, Subpart F) became effective. These standards included requirements covering...more

Two Workers Win $5.75 Million for Fatal Shipping Accident

A jury ordered two international shipping companies to pay $5.75 million for a drowning accident that killed one worker and injured another while they were docking an oil tanker at the port. Carl Williams and Edward...more

US v. Pokerstars, et. al.

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

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

Save your boat from auction in Maryland ! The "hull" truth.

If you own a boat in Maryland, you are at risk for a maritime lien. And if you miss published notices in the newspaper, you may not receive actual notice until no more than ten days before a scheduled auction of your boat! ...more

Application of the word "about" – When does under-consumption start?

The Gaz Energy No.2 On 21 June 2012, the High Court handed down its decision on a time charter performance case where the issue was whether, in circumstances where the vessel has performed within the consumption...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In the unpublished opinion of Adams Offshore, Ltd.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

What’s done cannot be undone: The perils of e-mail confirmations of payments for vessel necessaries

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

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

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

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

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...

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

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

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

MA Federal Court Assesses Punitive Damages and Attorneys' Fees Against Vessel Owner By Norman A. Peloquin, II, Esq., Brad Gandrup,...

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

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

Resort Torts - Identifying Deadly Dangers for Tourists

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