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Supreme Court

Stolt-Nielsen Appeal Fails in Supreme Court

U.S. Supreme Court Justice David Souter on July 25 rejected an emergency appeal from Stolt-Nielsen SA to freeze the Justice Department's pursuit of antitrust charges against it. Stolt-Nielsen has challenged the power of government prosecutors to revoke an amnesty agreement shielding it from prosecution over an alleged plot to divvy up customers in the parcel shipping business, which involves the transport of bulk liquids such as chemicals. The company's emergency petition asked the U.S. Supreme Court to bar lower court proceedings against it and a U.S.-based executive, Richard Wingfield, while a separate appeal to the Supreme Court on underlying legal issues was pending. Souter, acting for the court, turned away that request. In filings with the court, the company said the uncertainty is weighing on the company's business. According to The Associated Press, Stolt-Nielsen's stock price has dropped 37 percent since a federal appeals court ruled against in March 2006. The Justice Department, in its own Supreme Court filing, said it revoked the amnesty deal because it believes the company didn't hold up its part of the amnesty deal. Amnesty was revoked in March 2004 and the matter has been in litigation since then. A panel of the 3rd U.S. Circuit Court of Appeals in Philadelphia in March ruled that federal courts didn't have the power to block government prosecutors from pursuing the company and its officers because of the amnesty deal


Ex-'Exxon Valdez' Refused Entry by India

Exxon Valdez Aground: Photo credit NOAA US Govt.

In New Delhi the Supreme Court bans the old Exxon Valdez from entry & scrapping until decontaminated The ship, now known as the "Oriental Nicety," entered Indian waters last week and was headed for Gujarat, when the Supreme Court gave its order, according to a news report in 'The Times of India'. The ship was bought recently by the Hong Kong-based subsidiary of an Indian shipbreaking firm and was being taken to the coastal town of Alang, the hub of India's shipbreaking industry


California SECA Regulations Upheld by Supreme Court

The US Supreme Court voted not to review the Ninth Circuit Court’s opinion upholding the California ocean-going vessel fuel regulations The Court did not provide an explanation of why it decided not to take this particular case. No further legal action is being considered. All ocean-going vessels calling at California’s ports are required to comply with these regulations when the vessel comes within 24 miles of the Californian coast


Supreme Court Finalizes Decision on Marine Submerged Lands

The U.S. Supreme Court issued a final decree regarding Alaska's assertion of ownership of certain marine submerged lands in the southeast portion of the state. The court finalized its earlier ruling that the federal government retained ownership of those portions of the Alexander Archipelago more than three geographical (nautical) miles from shore because those waters do not constitute historic inland waters. The federal government retained ownership of those portions of North Bay


OSHA Shares Jurisdiction with USCG over Uninspected Vessels

The U.S. Supreme Court has determined that, because the U.S. Coast Guard exercises minimal oversight of ‘uninspected vessels’ of the United States, the Occupational Safety and Health Administration (OSHA) of the Department of Labor shares jurisdiction over working conditions thereon. In the instant case, respondent was cited by OSHA for unsafe working conditions on its oil and gas exploration barge. Respondent challenged the citation


Former B.C. Ferries Safety Director Sues

The Canadian Press is reporting that former safety director of B.C. Ferries who resigned after the sinking of the Queen of the North is suing the corporation, saying Ferries failed to heed his warnings of a possible catastrophic incident without fleet-wide safety improvements. Darin Bowland filed a writ of summons in B.C. Supreme Court claiming damages for negligent misrepresentation, wrongful dismissal, loss of reputation, as well as aggravated and punitive damages.


FMC Dismisses Action Against SC State Port Authority

The Federal Maritime Commission (FMC) issued an Order dismissing the proceeding against the South Carolina State Port Authority based on the recent U.S. Supreme Court decision that the state port authority, as an agency of the state of South Carolina, was entitled to sovereign immunity from complaints brought by citizens of another state in a federal forum. South Carolina Maritime Services, Inc. v. South Carolina State Ports


Australian Shipbuilder Gets Repreive

According to the online publication the Australian, 's largest privately owned shipbuilding business -- Adelaide Ship Construction International -- won a Supreme Court reprieve from eviction by the state government over a rent dispute, with the government claiming the company owed $127,612.65 in rent arrears.  (Source: The Australian)  


ADA Applies to Foreign Cruise Ships

A sharply divided Supreme Court issued a lengthy and confusing ruling that holds that the Americans with Disabilities Act (ADA) applies to the public spaces on foreign cruise ships calling in U.S. ports. The reader is left to determine why. There is one short opinion that garnered the necessary five votes and holding that the public accommodation and specified public transportation definitions of the ADA include foreign cruise ships


Former Congress Lawyer to Serve as AdvanFort Legal Counsel

AdvanFort Company said attorney Sheila R. Schreiber has come onboard as its in-house legal counsel. Schreiber brings experience in the private and public sectors. She is a former litigation partner with Howrey LLP, served as counsel to the U.S. House of Representatives Committee on the Judiciary and has extensive experience in the national and international sales of industrial products. Her specialties include commercial, regulatory, employment, intellectual property


Courts Upholds BP 'gross negligence' Gulf Spill Ruling

A U.S. judge weighing how much BP Plc should be punished for the 2010 Gulf of Mexico oil spill on Thursday refused to overturn his own finding that the oil company's conduct was "grossly negligent." The decision by U.S. District Judge Carl Barbier in New Orleans means BP could still


APM Terminals wins Battle for Moin Container Terminal

  The Supreme Court has ruled in favor of the Costa Rican Government and APM Terminals in an appeal filed by the port workers union against the 33-year concession contract for the new Moin Container Terminal (TCM) in Limon on the Caribbean coast of Costa Rica.


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


Oil Refiner Bound to Goldman, Deutsche Fee Agreements - NY Judge

CVR Energy

  CVR Energy Inc is bound by agreements to pay Goldman Sachs Group Inc and Deutsche Bank AG more than $36 million in fees and expenses stemming from billionaire investor Carl Icahn's 2012 tender offer for the oil refiner, a New York state judge has ruled.


India Allows Sick Italian Marine Home for Treatment

 India's top court on Friday granted permission for an ailing Italian marine facing murder charges to return home for four months for medical treatment. Massimiliano Lattore, who suffered a stroke in August, is one of two Italian marines being held over the 2012 shooting of two fishermen


India Will Not Block Sick Italian Marine's Treatment

The Indian government will not prevent an ailing Italian marine facing murder charges from returning home for medical treatment, Foreign Minister Sushma Swaraj said on Monday. Massimiliano Lattore is one of two Italian marines being held over the 2012 shooting of two fishermen mistakenly


Indian Investigators Drop Case Against Billionaire Birla

Aditya Birla Group Chairman Kumar Birla

  India's Central Bureau of Investigation (CBI) has closed a coal scam case against billionaire Kumar Mangalam Birla and a former top bureaucrat that emerged in 2012 after an auditor's report on revenue loss to the exchequer from allocations of coal blocks.


Neeraj Bansal Appointed Deputy Chairman of JNPT

Neeraj Bansal appointed Deputy Chairman

The Government of India has appointed Neeraj Bansal as Deputy Chairman of India's largest container port,  Jawaharlal Nehru Port Trust with immediate effect. Mr Neeraj Bansal is an Officer of Indian Revenue Servie with around twenty years of experience across the country in Direct Tax


Chilean Court Rejects Appeal Against Crow River Project

Chile's Supreme Court on Thursday rejected an application for an environmental organization against Crow River hydroelectric project, which plans to build in the south of the country with an initial investment of $ 733 million . In a unanimous ruling


Baghdad Seeks to Have Kurdish Oil Dispute Settled in Iraq

  Baghdad wants to settle a high-stakes dispute over $100 million worth of Kurdish crude oil in Iraq's  courts, although the oil is sitting in a tanker off the coast of Texas, a U.s. court filing  said on Friday. Iraq's central government has also asked Iraq's Federal Supreme


Repsol Could Drill off Canary Islands in October

Spanish oil company Repsol could begin prospecting for its $7-billion oil exploration project off the Canary Islands in October, Industry Minister Jose Manuel Soria said on Tuesday. Spain's Supreme Court last month rejected environmental appeals against 2012 government permits granted for oil


Amistad Replica Brings Drama to Tall Ships Fest

Photo: Amistad America Inc.

A top draw for some of the hundreds of thousands of visitors to New England's weekend Sailfest was surely the Freedom Schooner Amistad, replica of the United States' most famous slavery vessel, even as many were unaware of the suspense behind its eventual appearance at the annual tall ships


India's JSW Raises Iron Ore Imports

JSW Steel, led by billionaire Sajjan Jindal and India's third-largest maker of the alloy, will import 6 million metric tons of iron ore this fiscal year compared with no shipments a year earlier due to production cutbacks at home. JSW's return to the sea-borne iron ore market after a gap of


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


Philippine Legal 'Garnishment' Heightens Shipowner Concerns

Safety at work: File photo

'Garnishment' is the legal term relating to the collection of a monetary judgement on behalf of a claimant from a defendant. In the Philippines, this routinely occurs before the case has concluded and is central to the UK P&I Club Members' many concerns relating to crew claims in this






 
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