News & Analysis as of

Maritime Updates

Read need-to-know updates, commentary, and analysis on Maritime issues written by leading professionals.

Dock Access: Michigan Appellate Court Addresses Non-Riparian Lot Owner Issue

The Michigan Court of Appeals addressed in a January 16th opinion an action in which the Plaintiff sought to limit the rights of non-riparian lot owners to maintain a dock at the end of a dedicated private road abutting a...more

Court Issues New Test For Determining Whether An Offshore Oilfield Services Contract Constitutes A Maritime Contract

by King & Spalding on

Maritime laws developed for the blue-water shipping industry have always been an imperfect fit for the offshore oil and gas industry. While both industries face the perils of the sea, what constitutes a vessel and who does a...more

Indirect Cabotage: New Restrictions to Commercial Pleasure Yachts in Greece (Law 4504/2017)

by Reed Smith on

On 29 November 2017, the Greek parliament passed Law 4504/2017. This introduces significant changes to the legal framework for pleasure yachts in Greece, which came into effect on 1 December 2017. Although the purported...more

Hercules Ascendant? A New Fifth Circuit Personal Jurisdiction Decision, and a Gasp of Breath from a Seemingly Dead Letter

by Baker Donelson on

The Fifth Circuit’s recent decision in Sangha v. Navig8 Shipmanagement Private Limited,  No. 17-20093, — F.3d —-, 2018 WL 706518  (Feb 5, 2009) has continued the recent jurisprudential renaissance of personal jurisdiction...more

Developing an FSRU Project in New Markets: 10 Key Considerations

by King & Spalding on

As at 1 July 2017, the total number of operational floating storage and regasification units (“FSRUs”) globally stood at 26, with 23 operating as terminals and 3 as LNG tankers. A further 10 vessels were under construction,...more

Brazilian shipping case law update: the Superior Court of Justice brings calm to troubled waters

by Allen & Overy LLP on

In May 2016, we reported the decision of the São Paulo Court of Appeals to refuse to recognise a Liberian mortgage taken on behalf of bond investors over a Liberian-flagged FPSO, on the grounds that Liberia was not party to...more

Seaman’s Remedies Under General Maritime Law

by Lane Powell PC on

Ninth Circuit Determines Punitive Damages are Available to an Injured Seaman for General Maritime Law Unseaworthiness Claims. On January 23, 2018, a panel of the Ninth Circuit held that an injured seaman asserting a...more

The Eerie Similarities Between The Gulf Spill In 2010 And Hurricane Maria In Puerto Rico 7 Years Later: How the Facts About the...

by K&L Gates LLP on

The massive public attention focused on the Jones Act in Puerto Rico immediately after Hurricane Maria was eerily analogous to the public spotlight on the law during the Deepwater Horizon oil spill (the “Gulf Spill”) in the...more

“Demurrage Claims” for the Purposes of Documentary Time Bars

by Reed Smith on

On 2 February 2018 the Commercial Court allowed an appeal from a decision of the Arbitration Tribunal in Lukoil Asia Pacific Pte Ltd v Ocean Tankers Pte Ltd. The Judgment serves as a reminder to Owners to ensure that, if...more

Prohibition on the Carriage of Non-compliant Marine Fuels

by Reed Smith on

The global 0.5% sulphur cap for marine fuel, due to take effect from 1 January 2020, has led to calls for a prohibition on the carriage of non-compliant marine fuels. This is due to concerns that the cap will not achieve the...more

Ninth Circuit Finds Arbitration Clause Showed Clear And Unmistakable Intent To Resolve Arbitrability Questions By Arbitration

by Carlton Fields on

Finding Montana law was inapplicable to the subject insurance policy under both federal maritime choice-of-law principles and the policy language, the Ninth Circuit Court of Appeals determined that an arbitration clause was...more

Louisiana Supreme Court Upholds Expropriation of Commercial Venture

by Liskow & Lewis on

In a decision announced this week, the Louisiana Supreme Court ruled on the constitutionality and method of compensation for the expropriation by a governmental body of property owned by an ongoing commercial venture. In St....more

Ninth and Fifth Circuits Split on Issue of Punitive Damages Under Maritime Law

by Liskow & Lewis on

The stage appears to be set for intervention by the United States Supreme Court following the Ninth Circuit’s recent panel decision in Batterton v. Dutra Group, No. 15-56775 (9th Cir. Jan. 23, 2018). In Batterton, the Ninth...more

An Opinion Worth Its Salt – Fifth Circuit En Banc Simplifies Rule For Identifying Maritime Contracts In The Oilfield

by Baker Donelson on

The Fifth Circuit en banc (In re Larry Doiron, Inc., 2018 WL 316862, at *7 (5th Cir. Jan. 8, 2018)) has handed down an historic re-working of the test for determining whether oilfield contracts are maritime or non-maritime in...more

Impact of Government Shutdown on Trade

by Husch Blackwell LLP on

The government shutdown began on Saturday at 12:01am. Here is a list of several agencies involved in trade and transportation issues that will be affected....more

Important Consequences: New Fifth Circuit Test For Determining Nature of Offshore Contracts

by Reed Smith on

The Fifth Circuit standard for determining whether a contract is maritime in nature has often been criticized by practitioners and members of the court for its complexity. In a January 8, 2018, en banc decision, the court...more

Fifth Circuit Addresses Scindia Duties on Summary Judgment and the West Caveat Sending Case Back to District Court

by Baker Donelson on

In another recent case on the Scindia duties, the Fifth Circuit Court of Appeals in Manson Gulf, L.L.C. v. Modern American Recycling Service, Inc., remanded a case dismissed by the District Court for the Eastern District of...more

Tax Reform: What Does the Tax Cuts and Jobs Act Mean for the Transportation, Ports and Maritime Industry?

The Tax Cuts and Jobs Act of 2017 (the “Act”) was signed into law by President Donald Trump on December 22, 2017. The Act changes many provisions of the Internal Revenue Code, from individual and business provisions, to...more

More Energy Service Contracts Should Now Qualify as Maritime

As anticipated previously, the en banc Fifth Circuit in In re Larry Doiron, Inc., jettisoned the two-tier, six-factor test of Davis & Sons, Inc. v. Gulf Oil Corp. in favor of a new “simplified” test to determine whether “a...more

Fourth Circuit Reverses Benefits Review Board’s View of the Effect of Retirement

On January 3, 2018, the United States Court of Appeals for the Fourth Circuit in Russell Moody v. Huntington Ingalls Incorporated, No. 16-1773 (4th Cir., 01/03/2018), reversed a ruling of the Benefit Review Board that had...more

Third Circuit Latest to Hollow Out Bright Line Bare Metal Defense

by Miles & Stockbridge P.C. on

On October 3, 2017, the United States Court of Appeals for the Third Circuit held—in a case of first impression—that a manufacturer of a “bare metal” product may be liable for a plaintiff’s injuries caused by later added...more

Estate Avoids Arbitration In Wrongful Death Maritime Suit Because Defendant Was Not A Signatory Or Party To Contract With...

by Carlton Fields on

The Ninth Circuit refused last month to disturb a district court order denying a defendant’s motion to compel arbitration against a sailor in a maritime action pursuant to the Convention on the Recognition and Enforcement of...more

Summary Judgment in Respect of Quality Claim

by Reed Smith on

On 1 December the Commercial Court gave a judgment for the Claimant seller in this matter, which arose out of the sale of a cargo of gas oil in 2008. The cargo was to be loaded by STS transfer from a mother vessel....more

The Yangtze Xing Hua

by Reed Smith on

This was a further appeal, to the Court of Appeal, from an LMAA arbitration award, considering the true construction of the sweep-up provision at sub-clause 8(d) of the Inter-Club Agreement 1996 (“ICA ‘96”); specifically,...more

Don't Lien on Me: Identification and Mitigation of Maritime Lien Risks in Marine Lease/Loan Transactions

by King, Krebs & Jurgens, PLLC on

Due to their increasing size, specialization and technological sophistication, today’s vessels present attractive “big-ticket” financing opportunities. However, commercial vessels, regardless of type, will inevitably incur...more

715 Results
|
View per page
Page: of 29
Cybersecurity

Follow Maritime Updates on:

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.