Vessels

Business News Digest – May 2013

In this issue: - Does the SEC Like Social Media? Understanding the Application of Regulation FD to Social Media - NIST Holds First Workshop on Executive Order Cybersecurity Framework - Jumpstart Our...more

Working Hard Or Hardly Working? The Definition Of “Rest” And Towing Vessel Work-Hour Limitations

by Joseph A. Devall, Jr. | King, Krebs & Jurgens, PLLC on 5/8/2013

An often contentious issue in maritime litigation involving both personal injury and property damage is whether the wheelman in charge of a towing vessel that exceeds 26' violated the so-called “twelve-hour rule.” According...more

Is My Floating Home a Vessel?

by Cronin, Fried, Sekiya, Kekina & Fairbanks on 5/7/2013

One of the many advantages of living in Hawaii is the opportunity to live close to the ocean and for some of us, to even live on the Ocean. Living on boat is a dream for many Americans and further, the US Census has reported...more

EPA Finalizes Vessel General Permit

by Monica Derbes Gibson, David Dickman, Megan Roberts-Satinsky, Margaret Strand | Venable LLP on 4/3/2013

On March 28, 2013, the United States Environmental Protection Agency (EPA) issued a final National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges Incidental to the Normal Operation of a Vessel...more

EPA Issues 2013 Vessel General Permit

by Christine Jochim Boote, Barry Hartman, Stefanos Roulakis | K&L Gates LLP on 4/2/2013

On March 28, 2013, the United States Environmental Protection Agency (EPA) published a new Clean Water Act Vessel General Permit (2013 VGP) that regulates discharges from commercial vessels greater than or equal to 79 feet in...more

What is a Vessel?

by James Campise | Cozen O'Connor on 3/14/2013

The line between maritime and non-maritime jurisdiction continues to be redrawn. A recent case out of the Southern District of New York, Fireman’s Fund v Great American Insurance Company, 2013 U.S. Dist. 11114, held a dry...more

I’ll Take “Not A Vessel” for $600, Alex: What Is A Tension Leg Platform?

by James D. Bercaw | King, Krebs & Jurgens, PLLC on 3/12/2013

In the wake of the revisited tests of vessel status by the Supreme Court in Stewart vs. Dutra Construction Company, 543 U.S. 481 (2005) and Lozman v. City of Riviera Beach, Fla., 133 S.Ct. 735 (2013), it remains to be seen...more

Jurgens And Bercaw Establish A Tension Leg Platform Is Not A Vessel

by James D. Bercaw, George Jurgens, III | King, Krebs & Jurgens, PLLC on 3/11/2013

Jack Jurgens and Jim Bercaw succeeded in obtaining a partial summary judgment from District Judge Lance M. Africk that the MATTERHORN SEASTAR, a floating tension leg platform (“TLP”) secured to the Outer Continental Shelf off...more

Fourth Circuit Refuses to Pierce the Corporate Veil in Oil Spill Case

by Dean Razavi, Bruce Sabados | Katten Muchin Rosenman LLP on 2/20/2013

The US Court of Appeals for the Fourth Circuit has refused to enforce a judgment against an entity with ties to the judgment debtor, finding that the judgment creditor had not adequately pled an alter ego claim....more

Floating Homes Are Not Boats, Supreme Court Rules

by Aaron Kase | Lawyers.com on 1/24/2013

Floating homes that aren’t designed to actually travel across the water should not be classified as boats and don’t have to follow federal admiralty law, the U.S. Supreme Court ruled last week....more

Supreme Court Rules Floating Home Not a Vessel Under Federal Maritime Law

by Christopher Kende | Cozen O'Connor on 1/22/2013

On January 15, 2013, the Supreme Court, in a majority decision with two justices dissenting, ruled that a so-called “floating home” which did not have self-propulsion and essentially consisted of a house-like plywood...more

Supreme Court Issues New "Reasonable Observer" Test on What Constitutes a Vessel

by Chester Hooper, Christopher R. Nolan | Holland & Knight LLP on 1/21/2013

In Lozman v. City of Riviera Beach, Florida, No. 11-626 (January 15, 2013), the U.S. Supreme Court "reformulated" the definition of "vessel." It explained that an objective test, which looks to the physical characteristics of...more

If it Floats, it May Not be a Boat – the U.S. Supreme Court Clarifies the Definition of a Vessel

by Charles Davant | Sedgwick LLP on 1/17/2013

The U.S. Supreme Court settled an important conflict between the Fifth and Eleventh Circuits this week, holding a floating home, incapable of propelling itself, was not a “vessel” within the meaning of the Rules of...more

Jones Act Status Remains Unavailable On SPARS

by Douglas Matthews | King, Krebs & Jurgens, PLLC on 1/14/2013

Jones Act status remains unavailable on SPAR Platforms, a type of deepwater floating oil drilling and production facility used in the offshore petroleum industry. While, as noted in the recent blog by Joseph Devall, Jr., the...more

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