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Offshore Marine Towing News

22 Jun 2005

Attorney’s Fees not Recoverable in action in rem

The U.S. Court of Appeals for the Eleventh Circuit ruled that attorney’s fees may not be recovered in an action in rem. In the instant case, plaintiff salvor successfully removed defendant yacht from a grounding after the owner signed a Standard Form Marine Salvage Contract. When the owner did not pay the salvage claim, the salvor brought suit in rem against the yacht. The action was then referred to arbitration, as provided for in the contract. In addition to awarding salvage, the arbitrator also assessed attorney’s fees against the yacht. On review, the court held that attorney’s fees are not part of a salvage lien. Offshore Marine Towing v. MR23, No. 04-15126 (11th Cir.) (HK Law)

10 Oct 2002

Titan Leads Fire Call for MRA

At just after 0100hrs EDT July 22nd, 2002 the M/V Patriot, a 710-ft., 35,000-ton tanker was in the Florida Straits off West Palm Beach, having sailed from New York bound for Texas, when alarms on the bridge informed the crew that they had a fire in the engine room. The general alarm was sounded as the crew dressed and made their way through smoke and heat to muster forward of the vessel's accommodation structure. With all hands accounted for, the vessel's Master, realized that the fire was too large for his crew to fight. The crew, having been drilled for just such an event, began to seal all vents and engine room access to enable the ships CO2 system to work effectively in combating the fire.