Vessels

News & Analysis as of

Nationality of Vessels on Sea Trials Under U.S. Law

In 2013, approximately 1,147 commercial and military vessels were delivered by United States shipyards. This total includes vessels of all types – 8 deep-draft vessels and structures, 219 OSVs, tugs, towboats, passenger and...more

The OSV Regs Cometh

As previously reported here, the offshore industry has been anxiously awaiting new United States Coast Guard (USCG) regulations for large offshore supply vessels (OSVs) in the wake of the 2010 Coast Guard Authorization Act...more

Malaysian Block Exemption for Liner Shipping Agreements; Read the Fine Print to Ensure Compliance

Cooperative agreements among liner shipping companies have existed in most trades for more than 100 years. Most major trading nations in Asia and the Pacific Rim have recognized the importance of these agreements to both the...more

How Convenient: Vessel Registration and Mortgages in the Republics of the Marshall Islands and Liberia

Two registries of significant interest to shipowners are the registries of the Republics of the Marshall Islands and Liberia. Significantly, insofar as it does not conflict with the statutory laws, each country has adopted...more

Sanctions Update: Ukraine, Crimea and Sevastopol—the Ukrainian Parliament, the EU and the U.S. impose further measures

This Alert follows our previous alerts on the Russia/Ukraine sanctions available on our website. July continued to be a busy time as the Verkhovna Rada (the Ukrainian Parliament), the EU and the United States intensified...more

Recent Developments in Maritime Punitive Damages

In 2009, in Atlantic Sounding Co., Inc. v. Townsend, the Supreme Court “sea tossed” the law of maritime damages when it held that punitive damages are recoverable for an employer’s willful and wanton failure to provide a...more

EU updates sanctions against Libya and Syria, and introduces import ban for Crimean products

The EU Council on 23 June 2014 took several sanctions-related actions,1 all effective on 24 or 25 June 2014, including: • the introduction of an EU import ban for products from Crimea and Sevastopol (and related...more

No Claim for “Financial Unseaworthiness” When Passengers Never Board Vessel

This case arose in a bankruptcy proceeding. A creditor had pre-paid a substantial sum for cruises on a vessel. The vessel owner and operator filed bankruptcy before the cruises took place, and the creditor sought return of...more

Is a Floating Casino Subject to Maritime Jurisdiction?

In some cases, yes. In this case, a paddlewheel vessel, the Belle of Orleans. served as a dockside casino on Lake Pontchartrain. It became unmoored during Hurricane Katrina, damaged nearby property, and was liable for...more

A Contract to Repair a Vessel Is a Maritime Contract, but a Contract to Sell a Vessel Is Not.

In this case, an insurance company sued Mercury Marine and First Choice Marine after a boat dropped off for repairs was stolen from First Choice’s premises. The insurance company brought a subrogation claim, standing in the...more

Ahoy! – “Wear and Tear” and “Manufacturing Defect” Exclusions in Yacht Insurance Policies Upheld in Recent Decisions From the...

Both the First and Eleventh Circuit Courts of Appeals have recently rejected arguments seeking to limit the application of “wear and tear” and “manufacturing defect” exclusions in yacht insurance policies. In Miele v. Certain...more

A New Era For Vessel Sharing Agreements – FMC Allows P3 and G6 Alliances To Go into Effect

On March 20, 2014, the Federal Maritime Commission (FMC) announced that by a vote of 4-1, it had decided to let the P3 Network Vessel Sharing Agreement, among CMA CGM S.A., A.P. Moller-Maersk A/S trading under the name of...more

Federal Appellate Court Stays Initial Date for Meeting New Ballast Water Discharge Limits – But Only for Canadian Shipowners...

On April 9, 2014, the United States Court of Appeals for the Second Circuit granted a stay of the January 1, 2014 deadline for installation of ballast water treatment technology required by the U.S. Environmental Protection...more

A SPAR Is Not A Vessel, But Is A SPAR A Building?

Are SPAR platforms immoveable buildings? On April 9, 2014, Judge Rebecca Doherty issued a memorandum ruling in Hefren v. Murphy Exploration & Production Co., USA, et al., that they are, meaning in Louisiana a five-year window...more

All That Floats is Not A Boat: Eastern District of Louisiana Jettisons Fifth Circuit’s Holmes Decision, Rules That Quarter Barge...

The three men in the tub will no longer have recourse to the federal courts’ admiralty jurisdiction, at least not in the Eastern District of Louisiana. In Martin v. Fab-Con, Inc., 2014 WL 1246073 (E.D. La. Mar. 24, 2014) – a...more

Sound, Speed, and Distance - The Second Circuit Allows Use of SVDR Data as Evidence in Maritime Casualty

In a Summary Order dated March 13, 2014, the United States Court of Appeals for Second Circuit affirmed a summary judgment of the Southern District of New York, which ruled in favor of a vessel owner based on data of the...more

Protect Your Boat Hull Designs Under Copyright Law

Boat vessel hull designs can be protected by design registration under less well known provisions of the United States Copyright Law, 17 U.S.C. 1301-1332. This design registration protects a vessel hull, deck or...more

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

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

Sin of Omission: Ninth Circuit Splits with the Fifth, Finds That Failure to Include Addendum No. 2 Creates Ambiguity in Marine...

In a marine builder's risk policy coverage dispute decided under Washington state law, the United States Court of Appeals for the Ninth Circuit reversed and remanded a grant of summary judgment for Underwriters. ...more

Subchapter M - Inspecting the Uninspected

On September 10th of this year, the President and CEO of the American Waterways Operators (AWO) appeared before the House Subcommittee on Coast Guard and Maritime Transportation and called for finalization by late 2013 or...more

Where's The Fire? Coast Guard Issues Litany Of Proposed Regulations Regarding Fire Protection Systems

In a 106-page Notice of Proposed Rulemaking issued Monday, January 13, 2014, the United States Coast Guard (USCG) has undertaken a wide-ranging overhaul of the standards for fire protection, detection and extinguishment...more

Perils of the seas needn’t be too perilous

When the cargo vessel “Irene EM” grounded on 30 October 2009 in the Gulf of Khambhat, underwriters declined cover as the loss was not caused by a peril of the sea. The term “perils of the seas” refers only to...more

MoFo New York Tax Insights - Volume 4, Issue 10 - October 2013

In This Issue: Despite Incorrect Advice from NYS Tax Department, Conference Request Held to Be Untimely; Corporate Officer Liable for Sales Tax Despite Creditor’s “Sweep Arrangement” with Corporation; Charter Yacht Not...more

But I’m Not Dead Yet! Punitive Damages For Unseaworthiness Claims Live On

The U.S. Fifth Circuit Court of Appeals recently concluded that Jones Act seamen can recover punitive damages for their employer’s willful and wanton breach of the general maritime duty to provide a seaworthy vessel, in...more

The Bluenose Copyright Fight

When it comes to Canadian IP battles, neither The Great Olympic Sweater Debate nor the Distinctly Canadian Patent Fight can rival the court battle over the design of the Bluenose for sheer Canadianess....more

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