News & Analysis as of

Appeals Vessels

McDermott Will & Emery

Rough Seas Ahead? Supreme Court to Reconsider Chevron Doctrine

McDermott Will & Emery on

The Supreme Court of the United States has agreed to reconsider the Chevron doctrine, which instructs courts to defer to a federal agency’s reasonable interpretation of an ambiguous statute that US Congress delegated to the...more

A&O Shearman

To err is human: no misrepresentation found for false information on performance

A&O Shearman on

In SK Shipping v Capital VLCC, the Court of Appeal found that false information on vessel performance did not give rise to an actionable misrepresentation, since it was not in fact relied upon. The court also made interesting...more

Holland & Knight LLP

Fifth Circuit's Seaman Status Realignment Brings New Considerations for Offshore Oil & Gas and Wind Industry Operators

Holland & Knight LLP on

Since the enactment of the Jones Act, courts have wrestled to define "seaman" and who is entitled to remedies under the Jones Act. The Jones Act grants a "seaman" a negligence cause of action against his employer and only a...more

King & Spalding

Fifth Circuit Extends Doiron Test For Assigning Maritime-Contract Status To Contracts That Are Not Oilfield Services Contracts

King & Spalding on

The U.S. Court of Appeals for the Fifth Circuit recently held that its two-question Doiron test for determining whether oilfield services contracts are maritime contracts also applies when evaluating the maritime-contract...more

White & Case LLP

Force Majeure: substantial damages even if you cannot perform

White & Case LLP on

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

Blank Rome LLP

The Supreme Court Rejects Punitive Damages in Unseaworthiness Claims

Blank Rome LLP on

A recent United States Supreme Court ruling held that a plaintiff may not recover punitive damages on a maritime claim of unseaworthiness. This new ruling has resolved a split among the circuits and has essentially reinforced...more

Mayer Brown

Supreme Court Holds That Punitive Damages May Not Be Awarded In Connection With Unseaworthiness Claims

Mayer Brown on

On June 24, the Supreme Court held in Dutra Group v. Batterton that punitive damages may not be awarded under federal maritime law in connection with an unseaworthiness claim....more

Cozen O'Connor

Supreme Court Rejects Seaman’s Claim for Punitive Damages

Cozen O'Connor on

On June 24, 2019, the U.S. Supreme Court — in a 6 to 3 decision — held that a seaman may not recover punitive damages on a claim of vessel unseaworthiness. In Exxon Shipping Co. v. Baker, the Supreme Court previously...more

Baker Donelson

ALERT: Supreme Court Rejects Seamen’s Claims for Punitive Damages Under General Maritime Law, Resolving Fifth and Ninth Circuit...

Baker Donelson on

The Supreme Court of the United States, on writ of certiorari in Dutra Group v. Christopher Batterton, 588 U.S. ___ (2019), has resolved a circuit split between the Fifth and Ninth Circuits regarding whether a seaman can...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Dutra Group v. Batterton

On June 24, 2019, the United States Supreme Court decided Dutra Group v. Batterton, No. 18-266, holding that a plaintiff may not recover punitive damages on a claim of unseaworthiness. Christopher Batterton worked as a...more

King & Spalding

The Safe Berth Clause: U.S. Supreme Court to Resolve Key Circuit Split

King & Spalding on

Does a charterer that agrees to nominate a “safe berth” to load and discharge cargo guarantee the berth’s safety for the vessel? If you are litigating this issue in the U.S. courts within the Second and Third Circuits, the...more

Verrill

Pipeline Appeals Grant of Summary Judgment to South Portland Regarding Its Ban on Marine Loading of Crude Oil

Verrill on

Judge Woodcock of the U.S. District Court in Portland, finding that the South Portland’s Clear Skies Ordinance (the Ordinance) was neither a “preempted pipeline facility safety standard or a discriminatory ordinance enacted...more

Holland & Knight LLP

Second Circuit Confirms Physical Suppliers Don't Have Maritime Liens - Bank's Liens Still in Dispute in O.W. Bunker Case

Holland & Knight LLP on

• In the legal battle of competing maritime lien claims against vessels whose charterers contracted with O.W. Bunker & Trading A/S or its affiliates in October-November 2014, an important decision was issued this week by the...more

Foster Garvey PC

Maritime Liens and the Automatic Stay: Impact of the Ninth Circuit’s Barnes Decision

Foster Garvey PC on

Can a Bankruptcy Court order the sale of a vessel “free and clear” of a seaman’s maritime lien for maintenance and cure under Bankruptcy Code § 363? According to the Ninth Circuit’s recent ruling in Barnes v. Sea Hawaii...more

A&O Shearman

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

A&O Shearman 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

Holland & Knight LLP

Brazilian Appeals Court Approves Nordic Trustee's Liberian Ship Mortgage

Holland & Knight LLP on

The Brazilian Superior Court of Justice granted Nordic Trustee's appeal on Nov. 16, 2017, and recognized the validity of a $530 million First Preferred Liberian Ship Mortgage over the OSX 3 in favor of Nordic Trustee. The OSX...more

Fisher Phillips

Does Federal Wage Decision Bring A Sea Change To Offshore Operations? 5th Circuit Case Clarifies FLSA Exemption Standard For...

Fisher Phillips on

A recent federal court decision may bring about a new wave of overtime claims by offshore workers, particularly those working within the territorial waters of Louisiana, Mississippi, and Texas (Halle v. Galliano Marine...more

Dechert LLP

Global Private Equity Newsletter - Spring 2017 Edition: Recent Developments in Acquisition Finance

Dechert LLP on

When a portfolio company underperforms, an equity sponsor will want to assess the degree of negotiating leverage the company’s lenders have against the company under the circumstances, which can play a significant role in...more

Holland & Knight LLP

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

Holland & Knight LLP on

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

Pillsbury - Gravel2Gavel Construction & Real...

Criminal Indictment Precluded After Loss In Civil Action

On December 12, the U.S. Court of Appeals for the Seventh Circuit issued a ruling holding that a lower court’s decision dismissing the federal government’s civil claim that the defendants were at fault in connection with a...more

Cozen O'Connor

Third Circuit Court of Appeals Upholds Carrier’s “Extended” Maritime Possessory Liens

Cozen O'Connor on

Summary of Holding - In a recent opinion, in a case of first impression at the circuit level, the U.S. Court of Appeals for the Third Circuit held that maritime carriers and their customers may contractually extend the...more

Dorsey & Whitney LLP

Fifth Circuit Concludes That FCA Claim Was Not Covered By Insurance Policy

Dorsey & Whitney LLP on

The U.S. Court of Appeals for the Fifth Circuit recently rejected a shipbuilder’s claim against its insurance company seeking defense and indemnification from a False Claims Act suit. See XL Spec. Ins. Co. v. Bollinger...more

Haight Brown & Bonesteel LLP

Ninth Circuit Revives Tort Claims Initially Dismissed Under Economic Loss Doctrine Where Product Caused Damage to “Other Property”

On June 29, 2015, the Ninth Circuit Court of Appeals, in CHMM LLC v. Freeman Marine Equipment, Case No. 13-35163 (D.C. No. 3:12-cv-01484-ST), reversed the District Court’s judgment in an admiralty case, holding that a vessel...more

23 Results
 / 
View per page
Page: of 1

"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:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide