News & Analysis as of

Vessels

Ninth Circuit Confirms That the Turnover Duty Under the Longshore and Harbor Workers’ Compensation Act Includes a Duty to Inspect...

by Lane Powell PC on

Murray v. Southern Route Maritime, SA et al., No. 14-36056 (9th Cir. 2017), relates to an on-the-job injury. The plaintiff, Roger Murray, was employed as a longshoreman wherein he was working on the defendants’ vessel. On...more

DHS Extends Jones Act Waiver to Sept. 22 and Broadens Geographic Area Covered - Customs and Border Protection Issues Q&A...

by Holland & Knight LLP on

Acting Secretary of Homeland Security Elaine Duke has issued an extension of the original Sept. 8 Jones Act waiver to Sept. 22. The extended waiver, dated Sept. 11, 2017, but only recently posted by the U.S. Department of...more

Department of Homeland Security Extends Jones Act Waiver

by Blank Rome LLP on

Maritime - ACTION ITEM: On September 12, 2017, Acting Department of Homeland Security (“DHS”) Secretary Elaine Duke issued a new Jones Act waiver for refined products, effectively broadening and extending the previously...more

Jones Act Waiver Extended in the Wake of Irma and Harvey

In the wake of fuel shortages arising from Hurricanes Irma and Harvey, Tuesday evening the US Customs and Border Protection (Customs) extended and expanded its September 8 waiver of the coastwise trade provisions of the Jones...more

Risk Management is Crucial to Prepare the Industry for Tomorrow’s Maritime World, According to Panellists at Reed Smith’s London...

by Reed Smith on

Global law firm Reed Smith played host to a panel of shipping industry experts on 12 September to discuss ‘Tomorrow’s Maritime World, Today’. Representatives from a cross-section of the industry each brought their unique...more

Jones Act Waiver Granted in Response to Hurricanes Harvey and Irma

by Blank Rome LLP on

Action Item: On September 8, 2017, Acting Secretary of the Department of Homeland Security (“DHS”) Elaine Duke granted a seven-day waiver of the Jones Act in the interest of national defense. The waiver was issued to...more

Harvey's Impact on U.S. Fuel Supply Chains May Trigger Jones Act Waiver Request - Process Cumbersome for Storm-Related Waivers,...

by Holland & Knight LLP on

• A disruption of refinery operations and ocean shipping on the U.S. Gulf Coast in the wake of Hurricane Harvey may spur oil industry requests for a waiver of the Jones Act to permit non-U.S. vessels to move crude oil and...more

Sen. McCain's New Jones Act Repeal Effort Not Likely to Progress

by Holland & Knight LLP on

• Sen. John McCain's proposed "Open America's Waters Act of 2017" is the Arizona Republican's fourth effort to eliminate or sharply pare back Jones Act cabotage restrictions in the past eight years. • McCain's latest...more

Fifth Circuit Addresses A Complicated Cargo Dispute, Resulting In A Victory For Vessel-Operating Common Carriers

by Liskow & Lewis on

In GIC Services, L.L.C. v. Freightplus USA, Inc., No. 15-3097 (5th Cir. Aug. 8, 2017), the United States Fifth Circuit Court of Appeals held that an ocean carrier stiffed by an intermediary in a freight transaction may...more

New Sanctions Law Complicates Trade Compliance

by Michael Volkov on

Politics and sanctions law go hand-in-hand. In a rare instance of bi-partisanship, Congress united to constrain the administration’s ability to modify the existing sanctions program against Russia. At the same time, Congress...more

Vitol SA v Beta Renowable SA

by Reed Smith on

The High Court has handed down Judgment in Vitol SA v Beta Renowable SA [2017] EWHC 1734 (Comm) highlighting the importance of ensuring that communication and conduct for the purpose of accepting repudiatory breach is clear...more

Contribution Under the Oil Pollution Act

by Clark Hill PLC on

The Fifth Circuit Court of Appeals held that a responsible party under the federal Oil Pollution Act (OPA) could seek contribution for cleanup costs—even though they may include purely economic damages—from a partially liable...more

Profiting from breach: when must an innocent party give credit?

by Allen & Overy LLP on

The Supreme Court has considered when a claimant must give credit when, following a breach by the defendant, it ends up in a better position financially. Following a repudiatory breach by the defendant charterer of a ship,...more

Coast Guard, DHS Mandate Cybersecurity Reporting, Move to Require Maritime Cybersecurity Programs - Trump Administration, Congress...

by Holland & Knight LLP on

Cybersecurity risks to the nation's critical infrastructure (CI) – defined as 17 CI sectors, including the transportation and maritime sector – continue to grow exponentially. The U.S. government and Department of Homeland...more

Arrested Development: Ship Released from Arrest Despite Pending Appeal

In Platypus Marine, Inc. v. TATU (TATU), the Federal Court of Canada (Court) ordered that the defendant ship be released from arrest because there was no outstanding judgment. Although the plaintiff was appealing a judgment...more

Update: Does a Shipowner Have to Sell Its Ship in Order to Mitigate Its Loss? Supreme Court Says No!

by Reed Smith on

In our client alert “Does a shipowner have to sell its ship in order to mitigate its loss?” in November 2016, we discussed the controversial Court of Appeal decision in The New Flamenco. On 28 June 2017 the eagerly...more

SUPPLYTIME 2017

by Reed Smith on

On 6 June 2017 BIMCO approved an updated version of the widely adopted, if not always wisely adapted, SUPPLYTIME form. Many had commented that the previous version of the form (2005) was inadequate in a number of significant...more

The benefit of hindsight: the Supreme Court resets the course of the New Flamenco, and the law on mitigation of damages

by White & Case LLP on

The much-anticipated judgment of the Supreme Court in Globalia Business Travel SAU (formerly TravelPlan SAU) of Spain v Fulton Shipping Inc1 ("The New Flamenco") has been handed down, overruling the Court of Appeal and...more

Application of the Crossing Rules When in Proximity to a Narrow Channel or Fairway, and the “Alexandra 1”

by Reed Smith on

In March this year the Admiralty Court in London handed down its judgment in respect of a collision between “Alexandra 1” (“A1”) and “Ever Smart” (“ES”) (see: Nautical Challenge Ltd v Evergreen Marine (UK) Ltd [2017] EWHC 453...more

U.S. Coast Guard National Vessel Documentation Center Issues Rebuild Determination with Newly Imposed “Cumulative Steelweight”...

by Blank Rome LLP on

Action Item: A recently published Rebuild Determination Letter issued by the National Vessel Documentation Center (“NVDC”) adds a significant new criteria in making Jones Act rebuild determinations by calling into question...more

Ocean Victory - A port in any storm?

by Allen & Overy LLP on

The UK Supreme Court’s recent judgment has added clarity to the extent of the safe port warranty often given by Charterers pursuant to a time charter. In this article, we look at a Charterer’s potential liability when giving...more

The “New Flamenco”

by Reed Smith on

The Supreme Court has today handed down Judgment allowing Owners’ appeal in the “New Flamenco”. For those of you who are not familiar with the case, Charterers were in repudiatory breach of the Charterparty, which Owners...more

Shipowner Who Tried to Skirt Club Rules Runs Aground in Court

by Cozen O'Connor on

The U.S. District Court for the Southern District of New York recently issued a decision finding that a shipowner member was bound to a P&I Club’s board of directors’ decision to deny coverage for that member’s losses arising...more

Mainbrace: June 2017 (No. 3)

by Blank Rome LLP on

Welcome to the summer 2017 edition of Mainbrace. To say we live in interesting times would be a serious understatement. We read headlines on a daily basis that challenge traditionally accepted notions of how governments...more

Global Transportation Finance Newsletter - June 2017

by Vedder Price on

So, what is LIBOR? LIBOR—the London Interbank Offered Rate—is one of the most ubiquitous benchmarks for determining short-term interest rates in bank (and other) lending. LIBOR rates are short-term fixed rates quoted for...more

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