Marine link
 

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In an unpublished decision, the U.S. Court of Appeals for the District of Columbia Circuit denied a petition for review sought by a stevedoring company of a decision of the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


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


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


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.


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


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


China Protests Australia's Freedom of Navigation Comment

China said on Thursday it had issued a formal protest after Australia announced it would continue to exercise its right to freedom of navigation and overflight in the South China Sea following a court ruling against China's claims.   The Permanent Court of Arbitration in The Hague concluded this week that China had no historic claim to the waters and it had violated the Philippines' economic and sovereign rights.  


Japan, Vietnam Agree South China Sea Ruling Must Be Observed

Japanese Prime Minister Shinzo Abe agreed with his Vietnamese counterpart that an arbitration court's decision this week on the South China Sea must be observed, Japan's Kyodo news agency said on Friday.   The court in The Hague ruled China has no historic title over the waters of the South


EU's Statement on South China Sea Reflects Divisions

The European Union issued a statement on Friday noting China's legal defeat over the South China Sea but avoided direct reference to Beijing, reflecting discord among EU governments over how strongly to respond to the court ruling.   While the European Union is neutral in China's dispute


Kerry to Press ASEAN meeting for talks on SCS Disputes

U.S. Secretary of State John Kerry Official Portrait Photo John Kerry -@JohnKerry

U.S. Secretary of State John Kerry will urge Southeast Asian nations in meetings in Laos next week to find diplomatic ways to launch talks with China on easing tension over the South China Sea following an international court ruling that denies China's claims in the sea.


ASEAN in Discord Ahead of Meeting with top China, U.S. Diplomats

Photo Permanent Court of Arbitration

Southeast Asian nations were thrown into disarray after Cambodia on Saturday blocked them from issuing a statement referring to an international court ruling against China's territorial claims in the South China Sea, diplomats said. The U.N


World Court to Draw up Nicaragua-Colombia Maritime Boundary

The International Court of Justice on Thursday said it would consider a claim by Nicaragua to expand its maritime boundaries in a mineral-rich part of the Caribbean Sea toward Colombia, a ruling set to further strain relations between the two countries.


China: No Need to "gesticulate" over South China Sea

China's Defence Ministry denounced as gesticulation on Thursday speculation it would declare an air defence zone over the disputed South China Sea, after the United States said it had told China it would not recognise one. U.S. officials have expressed concern that an international court ruling


China Angered by Britain's Comments on South China Sea

China expressed anger on Wednesday after a senior British official said a ruling expected within a few months in an international arbitration case the Philippines has brought against China's South China Sea claims must be binding.   Hugo Swire


US Urges ASEAN Unity on South China Sea Ruling

Photo: Permanent Court of Arbitration

China risks "terrible" damage to its reputation if it ignores an impending international court ruling on the South China Sea, the United States said on Thursday, while urging Southeast Asian countries to rally behind the court decision.  


China Slams South China Sea Case as Court Set to Rule

An international court said on Wednesday it would deliver a hotly anticipated ruling in the Philippines' case against China over the South China Sea on July 12, drawing an immediate rebuke from Beijing, which rejects the tribunal's jurisdiction.  


China Says Wants Peace after Paper Warns on South China Sea Clash

China's government sought to downplay fears of conflict in the South China Sea after an influential state-run newspaper said on Tuesday that Beijing should prepare for military confrontation.   Editorials in the Global Times newspaper ahead of a July 12 international court ruling on


Vietnam Welcomes South China Sea Ruling, Reasserts its Own Claims

Vietnam welcomed a ruling by an international arbitration court concerning the South China Sea on Tuesday, saying it strongly supports peaceful resolution of disputes, while reasserting its own sovereignty claims.   "Vietnam welcomes the arbitration court issuing its final ruling


China Military Says S.China Sea Ruling Won't Affect Sovereignty

China's Defence Ministry said on Tuesday no matter how an arbitration court rules on a case about the South China Sea it will not affect China's sovereignty.   "No matter what kind of ruling is to be made, Chinese armed forces will firmly safeguard national sovereignty


Oil and Shipping Markets on Edge After South China Sea Ruling

File photo: Aurelie Moulin

Global oil and shipping markets reacted nervously on Tuesday after an international arbitration court ruled against Beijing's claims across large swathes of the South China Sea, fuelling geopolitical tensions in the vital waterway.   A tribunal in The Hague, Netherlands


China Loses on South China Sea Ruling

The United States urged all parties to avoid provocative statements or actions after an arbitration court ruled on Tuesday that China has no historic title over the waters of the South China Sea.   "The decision today by the Tribunal in the Philippines-China arbitration is an


Filipino Fishermen Still Blocked from Scarborough Shoal

China's coastguard has prevented Filipino boats from fishing around the hotly contested Scarborough Shoal, Philippine officials said on Friday, after Beijing kept a promise to ignore a court ruling voiding its vast South China Sea claims.  






 
rss feeds | archive | privacy | history | articles | contributors | top news | contact us | about us | copyright