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Court Ruling

FMC Upheld on Claim of Unreasonably Refusing to Deal or Negotiate

In an unpublished decision, the U.S. Court of Appeals for the District of Columbia Circuit denied a petition for review sought by a stevedoring company of a decision of the Federal Maritime Commission (FMC). In a matter before the agency, the FMC had ruled that a marine terminal operator had not unreasonably refused to deal or negotiate with the stevedoring company. In its decision, the court ruled that the FMC decision was supported by substantial evidence and was consistent with past precedent. Source: HK Law


Maritrans' Claim for Damages from OPA 90 Denied

The U.S. Court of Federal Claims ruled on December 21, 2001 that the double hull requirement of the Oil Pollution Act of 1990 ("OPA") does not constitute a "taking" of Maritrans' petroleum barges. Maritrans is currently evaluating whether to take an appeal. OPA prohibits existing single-hull tank vessels from continuing operation through their useful life, mandating a phase-out schedule over a period of years. In 1996


Federal Court Delivers Ruling On Bayport

The Port of Houston Authority (PHA) welcomed U.S. District Court Judge Vanessa Gilmore's ruling on the motions for summary judgment that had been filed by the U.S. Army Corps of Engineers, PHA, and the opponents of PHA's Bayport Container and Cruise Terminal project. The court ruling grants the Corps' and PHA's motions and denies the opponents' motion, thereby dismissing the challenge to the Bayport permit. According to the court's ruling


Lawsuit Aimed at Stopping Casino Boat

Florida Attorney General Bob Butterworth filed a complaint in Volusia Circuit Court, seeking to force SunCruz Casinos to get rid of the slot machines and other casino games on one of its cruise-to-nowhere boats, which docks in Ponce Inlet. The refusal by the U.S. Supreme Court to tamper with a lower court ruling that federal law does not prevent states from deciding their existing laws prohibiting land-based casino gaming also apply to cruise-to-nowhere operations may have been the motivation


U.S. Supreme Court Reject Exxon Appeal

The U.S. Supreme Court rejected on an appeal by Exxon Mobil Corp. over the $5 billion punitive damages verdict against it for the 1989 Exxon Valdez accident, the nation's worst oil spill. The justices let stand a U.S. appeals court ruling that the award against the oil giant in a civil lawsuit brought by Alaskan fishermen and other plaintiffs should not be set aside because of irregularities during jury deliberations.


Negligent Homicide with Yacht Leads to Loss of Coverage

The U.S. Court of Appeals for the First Circuit ruled that, where the owner of a yacht was convicted of negligent homicide in connection with a fatal collision, the insurance company is not obligated to defend under a policy excluding losses “criminally caused or incurred” by the insured. In the instant case, plaintiff was operating his yacht when it collided with another boat, killing one of the passengers of the boat


Dredge is a Vessel for Purposes of LHWCA

The U.S. Supreme Court ruled that a dredge not currently in navigation is still a vessel for purposes of the Longshore and Harbor Workers’ Compensation Act (LHWCA). In the instant case, a marine engineer was injured while performing repairs on a scow tied up to a dredge. The dredge was capable of only limited movement on its own, dragging itself along using anchors and cables. Otherwise, it had to be towed. The lower court held that


Ruling on Border Inspections

The U.S. Supreme Court ruled that the Executive Branch has plenary authority to conduct suspicionless inspections at the border. In the instant case, Customs officials removed and disassembled the gas tank from a car entering the United States from Mexico at a land border crossing. Marijuana was found in the gas tank and criminal charges were brought against the driver. Defendant argued that the evidence should be suppressed because the search was highly intrusive and was not based on


The Townsend Decision: Should Vessel Owners Deny Maintenance and Cure?

Lawrence R. DeMarcay, III is a partner at Fowler Rodriguez Valdes-Fauli in the firm’s New Orleans, La. office. He can be reached at ldemarcay@frvf-law.com or 504-595-5122.

Unfortunately, as a vessel owner or operator, you have probably been faced with a situation where one of your crew members have allegedly become sick or injured while in the service of the vessel.  As you are aware, once this injury or illness is reported to the company, the duties of providing maintenance and cure under the Jones Act begin. Unfortunately, instances of fraud where the employee may not have suffered the injury or illness that he or she is complaining of seem to be common


Bankruptcy Trumps Admiralty

The U.S. Court of Appeals for the Second Circuit ruled that a bankruptcy court may extinguish maritime liens on vessels where the lienors are before the court, even though the ships are not within the jurisdiction of the court. A shipowner filed for reorganization under Chapter 11 of the Bankruptcy Code. Defendant financial institutions, which held preferred ship mortgages, succeeded in getting the court to convert the action into an involuntary bankruptcy under Chapter 7


Exxon Mobil Wants PDVSA Legal Edict Enforced

  Oil company Exxon Mobil asked a U.S. District Court on Friday to recognize a World Bank arbitration ruling that Venezuela must pay $1.6 billion over a nationalization claim filed in 2007. "Awards issued pursuant to the ICSID Convention are subject to automatic recognition and


NITC: Says EU Sanctions Lifted

Dubai 11 NITC3.JPG

European Union sanctions on Iran's main oil tanker firm NITC have been annulled after the EU failed to appeal against a court ruling that ordered the measures to be lifted, the shipping company said on Tuesday. An EU official told Reuters the European Union was working to resolve the issue


EU Sanctions on Iran Oil tanker Group Annulled

European Union sanctions on Iran's main oil tanker firm NITC have been annulled after the EU did not appeal against a court ruling that the measures should be lifted, the shipping group's lawyer said on Tuesday. An EU official told Reuters the European Union was working to resolve the issue


Workers End Strike at Haifa

Workers at Israel's state-owned Haifa Port ended their strike on Tuesday, a day after they walked off the job in protest at a government plan to build private, competing ports. A spokesman for the Chamber of Shipping said the port workers returned after Israel's labour court ruled that the


India's Coal Imports Causing Port Congestion

Congestion at Paradip expected to ease in a week if rains stop; higher-than-usual congestion at some other ports too. Indian power and steel companies are importing shiploads of coal due to a severe shortage at home, leading to heavy congestion in one of the country's busiest ports that now has


Transocean Steers Clear of BP Punitive Damages

Deepwater Horizo Photo USCG

Transocean Ltd. informs it has received a decision by the United States District Court for the Eastern District of Louisiana on phase one of litigation related to the April 20, 2010 Macondo well incident involving the Deepwater Horizon.  Key findings in the Court's decision with respect to


French Ferry Firm Loses State Aid Appeal

Photo: SNCM

Cash-strapped ferry operator SNCM looks set to seek legal protection from its creditors after Europe's highest court ruled on Thursday it must pay back 220 million euros ($289 million) of French state aid. SNCM, owned 66 percent by transport group Transdev


Iraq to Appeal US Court Decision on Kurdish Oil

The Iraqi oil ministry said on Thursday it would challenge a U.S. court decision that stopped U.S. Marshals from seizing some one million barrels of disputed Kurdish oil docked near Texas. On Monday, a U.S. district court ruled in favour of a request by Iraq's Kurdish region that a demand by


Nigeria Cocoa Shipment Resumes

Exporters have resumed loading of cocoa shipments in Nigeria's second-largest producing area, Cross Rivers state, after the state government suspended on Friday a levy on bean exports, a trade body said. Cocoa shipments from Cross Rivers, which produces annual volumes of around 60


Zim Line Debt Restructuring Plan to Proceed

Zim container ship in terminal: Photo Zim Line

Israel's Finance Ministry and Israel Corp have reached a compromise regarding the government's "golden share" in the country's biggest shipping company Zim, paving the way for a $3 billion debt restructuring plan to move ahead. The government last week appealed an Israeli court ruling


Iran Oil Tanker Firm Still Faces Sanctions

Iran's main oil tanker firm NITC will struggle for some time to call at European ports, get foreign insurance and overcome obstacles under western sanctions, even after a top court has annulled its blacklisted status in the European Union.


Israeli gov't appeals court ruling on Zim in feud over debt deal

Israel's Finance Ministry said on Monday it appealed a court ruling that chipped away at its golden share in the country's biggest shipping company Zim, a move that could further delay a $3 billion debt restructuring plan. An Israeli court ruled last week the government could keep its golden


BP to Appeal Gulf Oil Spill Damages Ruling

us courts.jpg

BP Plc on Wednesday said it will ask the U.S. Supreme Court to review a court ruling concerning the 2010 Gulf of Mexico oil spill, which forces the company to pay some businesses for economic damages without the businesses having to prove the spill caused their losses.  


Appeals Court Not to Revisit BP Oil Spill Compensation Decision

File image

A U.S. appeals court will not revisit a decision to reject BP Plc's bid to block businesses from recovering money over the 2010 Gulf of Mexico oil spill, even if those businesses could not trace their economic losses to the disaster. The 5th U.S


US Top Court Upholds Cross-State Air Pollution Rule

Victory for Barack Obama

The U.S. Supreme Court handed President Barack Obama a victory on Tuesday by upholding a federal environmental regulation requiring some states to limit pollution that contributes to unhealthy air in neighboring states. By a 6-2 vote, the court said the U.S






 
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