News & Analysis as of

Vessels Damages

Troutman Pepper

EDVA Judge Dismisses Saudi Arabian Contract Dispute Based on Forum Non Conveniens

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It is not uncommon for plaintiffs based in the United States to bring claims against foreign parties in U.S. federal courts to obtain a favorable venue and avoid any bias in foreign courts in favor of local defendants. A...more

Morris James LLP

Maritime / Boating Accident FAQs - February 2023

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1. What is the first thing you must do after a boating accident? If you have had a boating accident, you must first take care of the health and safety of the people involved. Ensure everyone is safely on the boat if it is...more

Woods Rogers

The burning question – the fire aboard the M/V Felicity Ace

Woods Rogers on

Last week the roll on-roll off car carrier M/V Felicity Ace, transporting luxury vehicles from Germany to Rhode Island, caught fire with an estimated $334,500,000 worth of cargo onboard. The fire spread, requiring the crew to...more

Baker Donelson

When Form Meets Substance: Two Fifth Circuit Decisions Chart the Boundary Lines of Summary Judgment

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Murky waters swirl in the legal gulf that separates the absence of any “genuine dispute[s] as to any material fact” (in which case summary judgment is appropriate); and the presence of non-speculative “evidence [on which] a...more

White & Case LLP

Force Majeure: substantial damages even if you cannot perform

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In a recent decision, the Court of Appeal has awarded substantial damages to the innocent party after a force majeure event, in circumstances where the party seeking to rely on the force majeure event to excuse liability...more

Eversheds Sutherland (US) LLP

Run a tight ship - the false economy of cutting operational corners

On February 1, 2019, a Louisiana federal court judge awarded an injured construction worker $3.3 million, finding that, during equipment transfers between boats and barges, the practice of keeping vessels together by using...more

Cranfill Sumner LLP

Maritime and Admiralty Presumptions Concerning Damages Caused by Vessels

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How are legal issues handled when maritime vessels cause damage to other property? There are a few presumptions that are considered in every case of vessel damage. With the damage from Hurricane Florence, our attorneys are...more

Baker Donelson

Naquin on the Door of a Circuit Split? Second Circuit Suggests Emerging Split from the Fifth Circuit Regarding Jones Act Seaman...

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A circuit split may be emerging after the Second Circuit Court of Appeals’ unanimous decision in Matter of Buchanan Marine, L.P., – F.3d –, No. 16-1092 (2d Cir. Oct. 27, 2017) (Kearse, Cabranes, Chin, J.) affirming a New York...more

Holland & Knight LLP

Third Circuit Affirms Private Damages Immunity Under Shipping Act for Ocean Common Carriers

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Holland & Knight alerted the maritime community in November 2016 that the U.S. Court of Appeals for the Third Circuit appeared likely to affirm the dismissal of private antitrust claims brought against roll-on, roll-off...more

Holland & Knight LLP

Third Circuit Considering Federal Court Damages Immunity for Ocean Shipping Companies

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The Shipping Act of 1984 grants limited immunity under the antitrust laws to vessel-operating common carriers that enter certain agreements, including price-fixing agreements, so long as the agreements are filed in advance...more

Estlund Law, P.A.

INTERPOL's Red Notice against Paul Watson- Environmentalists Bury the Hatchet for the Sake of a Common Cause

Estlund Law, P.A. on

As observers of INTERPOL and environmental issues know, a Red Notice has been pending against environmentalist Paul Watson of the Sea Shepherd Conservation Society ("SSCS") since last year. INTERPOL's press statement about...more

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