The U.S. Court of Appeals for the Ninth Circuit has upheld the right of citizens to bring suit for civil penalties under the Clean Water Act, also known as the Federal Water Pollution Control Act (FWPCA). In the instant case, plaintiff environmental advocacy group brought suit against the owner of an oil refinery for alleged discharges of petroleum coke into U.S waters, after notifying the owner of the alleged violations. The defendant contended that the notification letter was deficient because the letter failed to identify the specific dates of the alleged violations and because it had sold the refinery to a third party between the time it received the notification letter and the time suit was brought. The court held that the notification need only provide enough information that the defendant can identify and correct the problem. The court also held that a defendant can not escape liability for past violations by selling the polluting facility. Source: HK Law
Celebrity Cruises announced that a federal court jury in New York has awarded Celebrity $193m in a lawsuit against Essef Corp. Celebrity has remaining claims for interest and certain legal fees. Celebrity filed suit against Essef Corp. for damages stemming from a 1994 outbreak of Legionnaires' disease on Celebrity's vessel Horizon. Celebrity claimed for out-of-pocket losses, lost profits, and loss of business enterprise value related to this incident.
In an unpublished decision, the U.S. Court of Appeals for the Fifth Circuit ruled that a plaintiff may not bring separate actions against different parties based on the same nucleus of operative facts. In the instant case, plaintiff was injured when thrown from a boat. He sued the manufacturer of the outboard motor, the manufacturer of the boat, the retailer of the boat and motor, the boat owner/operator, and the insurance company of the owner/operator
Dow Chemical Company and its subsidiary Union Carbide Corporation have filed lawsuits in the US against Odfjell and three other major parcel chemical tanker carriers, Stolt-Nielsen, Tokyo Marine and JO Tankers in relation to violations of antitrust laws in the US, and claimed damages as a consequence thereof. The lawsuits have not yet been served on Odfjell. On September 29, Odfjell ASA's wholly owned subsidiary Odfjell Seachem AS entered into a voluntary plea agreement with the US
The U.S. Court of Appeals for the Fifth Circuit ruled that a court sitting in admiralty has inherent authority to alter a contingent fee contract for legal services entered into by an uncounseled seaman. In the instant case, plaintiff foreign seaman retained an attorney to represent him in a personal injury suit against the owner of a ship on which he was injured. The contingent fee contract called for recovery (assuming success in the litigation) by the attorney of all expenses and
The U.S. Court of Appeals for the Fifth Circuit ruled that inclusion in a bill of lading of a clause providing for U.S. jurisdiction does not require application of the U.S. Carriage of Goods by Sea Act (COGSA) where the goods were shipped from Spain to China and the General Paramount Clause provided for application of the Hague-Visby Rules. In the instant case, the goods were damaged en route and the shipper brought suit against the vessel and the carrier
A federal court in Miami has ruled that golfer Tiger Woods’ lawsuit against Christensen Shipyards, Ltd. will proceed in the U.S. District Court for the Southern District of Florida and that an order enjoining Christensen from the unauthorized use of Woods’ name or photographs of his boat will remain in place. Woods filed his rights-of-publicity suit against Christensen last October in the U.S. District Court for the Southern District of Florida
In a rehearing, the U.S. Court of Appeals for the Ninth Circuit ruled that the forum selection clause in a carrier’s bill of lading is accepted by the non-signing cargo owner when the owner brings suit against the carrier for breach of the bill of lading. In the instant case, plaintiff cargo owner contracted with a NVOCC to have its cargo shipped from Korea to Los Angeles. The NVOCC’s bill of lading included a forum selection clause providing for suit in the United States
Alaska filed a civil suit on Aug. 13 against Royal Caribbean Cruises, accusing the company of dumping oil and other hazardous wastes into state waters after the firm pleaded guilty to federal criminal pollution charges. Royal Caribbean pleaded guilty last month and was fined $18 million for 21 felony counts of violating federal water pollution laws in areas ranging from the Caribbean to Alaska’s Inside Passage. Attorney General Bruce Botelho said the state filed a civil case in Superior
An oil tanker that ran aground in a remote southern Chilean fjord in late May spilled 92,600 gallons (350,528 liters) of crude, leaving an oil slick 70 miles (112 km) long and damaging wildlife and a salmon farm, the Chilean Navy said on Wednesday. Maritime authorities initially dismissed the incident, which occurred on May 25, saying the leak had been negligible and had caused no damage to the environment. But the Navy on Wednesday admitted the spill was worse than first announced.
Hsin-Chi Su, Chairman and CEO of Today Makes Tomorrow Group (TMT) launched a suit in Texas federal court on July 28, 2014, alleging that a planned bankruptcy sale of three company ships, including M.V.D Whale, M.V.G Whale and M.V.H Whale, to Mega International Commercial Bank Co. Ltd
JA Moody, a national distributor for product lines in the navy and commercial marine marketplace, is now a Viega Marine Distributor for the U.S. shipbuilding and offshore markets. Founded in 1899, The Viega Group manufactures and distributes plumbing, heating and pipe joining systems
Over the last couple of months a number of vessels have had their rudders coated with Ecoshield at shipyards in China. These include several container vessels and a car carrier. The applications will protect the rudders against cavitation and corrosion damage for the remainder of the
Mercator Lines (Singapore) reported a revenue of US$ 16.5 million for Q1 2015, an increase of 19% as compared to correspoding period in the previous previous year, however a net loss of US$ 7.1 million for the quarter as against a loss of USD 6
Business owners on Koh Samet island are suing a state-owned petroleum enterprise for the oil spill that polluted the resort island's beaches last year. More than 50,000 litres of crude oil leaked from pipeline operated by PTT Global Chemical in July 2013 and blackened several beaches on Koh Samet
China failed to overturn a U.S. law targeting unfair trade subsidies on Monday, when the World Trade Organization's Appellate Body said it did not have enough information to uphold China's appeal against an earlier WTO ruling. China had claimed that the U.S
According to estimates, of the nearly 475m metric tons of rice produced globally in 2013, the largest producers were China (30% of the total) and India (22%). However, most of the rice produced in these countries is consumed domestically. By contrast
However reintegration of capabilities is presenting new challenges in the design, manufacture and integration of sub-sea and surface systems for maritime Special Forces. James Fisher Defencehas stated that navies around the world are now seriously addressing the need to re-develop their skills
The United States will strengthen its presence in the Black Sea region using part of a $1 billion fund promised to NATO allies on Russia's borders, and will continue to send warships to the area, Defense Secretary Chuck Hagel said in Romania on Thursday.
Damen Shipyards Group said it has received an order for a Multi Cat 2712 from Norwegian owner Samba AS based in Os (Bergen). The vessel will be the first newbuild from Damen’s proven range of workboats to operate in Norway’s large aquaculture and oil spot market industry.
Ukraine is prepared to pay arrears to Russia for gas once it has a contract with Moscow and will take the country to court if it refuses to sign, Ukrainian Prime Minister Arseny Yatseniuk was quoted as saying by a German newspaper on Saturday.
In past columns, the focus of our discussions has been primarily on maritime incidents such as collisions, allisions and groundings in which U.S. Coast Guard-licensed deck and engineering officers were subject to marine investigations and negligence changes
Vietnam pledged on Saturday to quell any outbreak of violence after protests against Beijing this week devastated key industrial centers, due to discontent with the Asian giant oil drilling in a disputed area in the South China Sea South.
U.S. Coast Guard crews at Station South Padre Island have completed the qualification and trial run process, Tuesday, for the new 45-foot-Response Boat-Medium that was delivered to the station in late February. The training focused on acclimating the crews to the boat's advanced response
The Suez Canal Authority advises that due to cleansing work in the Lakes area the following will come into effect from tomorrow (8 May): - Temporary suspension of entry of the second southbound convoy until the end of the cleansing work (Updates to be provided as available).