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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 Amnesty was revoked in March 2004 and the matter has been in litigation since then.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


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


Spain Gives Go-ahead to Canary Islands Drilling

Spain's Supreme Court approved on Tuesday a $7-billion oil exploration project off the Canary Islands, clearing one of the final hurdles for oil company Repsol to begin drilling within months. In 2012, Spain's government granted permits for hydrocarbon exploration off the coasts of the


BP Tries Again to Sidestep GoM Spill Payments

File image

BP Plc has asked U.S. Supreme Court Justice Antonin Scalia to allow the company to avoid making payments to businesses demanding compensation for the 2010 Gulf of Mexico oil spill while litigation continues. The company acted after the New Orleans-based 5th U.S


BP to Appeal Gulf Oil Spill Damages Ruling

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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.  


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


Court: Japan's Mitsui Paid to Release Ship

A MOL Handymax bulker, Zebra Wind. Photo: MOL.com

China Supreme Court says Mitsui pays about $29 mln; Ship released about 0030 GMT Thursday. Ship was seized over dispute dating back to 1930s. Advisor to plaintiffs says will likely demand more money. Japan's Mitsui O.S.K. Lines Ltd paid about $29 million for the release of a ship seized by


China Court Releases Japanese Ship After Payment

  A Chinese court said on Thursday that it has released a ship owned by Japanese shipping firm Mitsui O.S.K. Lines Ltd, which had been seized in a contract dispute, after the Japanese firm paid up. China's Supreme Court said in a statement


U.S. Supreme Court Declines Exxon Mobil Appeal

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The U.S. Supreme Court on Monday declined to review a ruling against Exxon Mobil Corp that ordered the company to pay $105 million in damages for polluting New York City's groundwater with a toxic gasoline additive. The decision not to hear the case leaves intact a July 2 U.S


Scalia to Address CGA Corps of Cadets

The Honorable Antonin Scalia, Associate Justice of the U.S. Supreme Court, is scheduled to speak at the U.S. Coast Guard Academy March 18, as the 2014 Hedrick Fellow. Justice Scalia will address the corps of cadets in Leamy Hall Auditorium at 7:30 p.m., in an event that is open to the public.


Justices Question Obama Climate Change Regulations

By Lawrence Hurley, Reuters The U.S. Supreme Court appeared closely divided on Monday as it weighed whether the administration of President Barack Obama exceeded its authority when crafting the nation's first greenhouse gas emissions regulations.


India Drops Anti-piracy Charges against Italian Marines

India has dropped a plan to prosecute two Italian marines accused of killing two Indian fishermen under a tough anti-piracy law, a government lawyer said on Monday, offering a chance to end a diplomatic row between the two countries.  






 
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