In an unpublished decision, the U.S. Court of Appeals for the District of Columbia Circuit denied a petition for review sought by a stevedoring company of a decision of the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
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
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
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
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.
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
The U.S. Court of Appeals for the Second Circuit ruled that a bankruptcy court may extinguish maritime liens on vessels where the lienors are before the court, even though the ships are not within the jurisdiction of the court. A shipowner filed for reorganization under Chapter 11 of the Bankruptcy Code. Defendant financial institutions, which held preferred ship mortgages, succeeded in getting the court to convert the action into an involuntary bankruptcy under Chapter 7
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
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
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
A federal appeals court ruling handed down this week underscores the urgent need for Congress to pass the Vessel Incidental Discharge Act (VIDA) and establish a uniform federal framework for the regulation of ballast water and other vessel discharges
Could bolster claims by other countries against China; China boycotting proceedings, rejects court's authority. The Philippines asked global judges on Tuesday to recognise its right to exploit waters in the South China Sea, a case that could bolster territorial claims by other countries against
On October 5, 2015, the United States Court of Appeals for the Second Circuit issued a 65-page decision holding that, for the most part, the 2013 Vessel General Permit (VGP) promulgated by the Environmental Protection Agency (EPA), was arbitrary, capricious and not in accordance with the law
Court says scheme does not give firms selective advantage; EU regulators cracking down on unfair tax systems. Europe's second-highest court gave clearance on Thursday to a Spanish tax lease scheme in the shipbuilding industry, annulling a decision by EU regulators two years ago that this gave a
Fourteen Indian troopers, who have been stranded on board an oil tanker off the coast of Bahrain since December have lastly left for home, says a report in Gulf Daily news. They were among the 16-member crew of Mongolian vessel MT Surya Kuber
The Danish shipping giant Maersk Line is still trying to obtain details of the Iranian court ruling that resulted in seizing Maersk Tigris by the Iranian authorities over an alleged commercial dispute. While the Iranian claimant in the Maersk Tigris case warns vessel could be put
BP Plc deserves the right to have a federal appeals court review some damage claims awarded under the settlement to compensate people and businesses harmed by the 2010 Gulf of Mexico oil spill, a U.S. appeals court ruled on Friday. The 5th U.S
A former BP Plc engineer deserves a new trial on an obstruction of justice charge related to the 2010 Gulf of Mexico oil spill, a federal appeals court ruled on Tuesday. The 5th U.S. Circuit Court of Appeals in New Orleans agreed with a lower court judge's decision last June to throw out
The European Court of Justice (ECJ) ruled on Wednesday that damage to water quality must be considered when authorities approve river dredging to expand ports, in a ruling which could hinder expansion at the German ports of Bremen and Hamburg.
Three executives of Brazil's Camargo Correa group were convicted on money laundering, corruption and other charges on Monday, the first construction-industry executives to be sentenced in a giant price fixing and bribery scandal involving state-run oil company Petrobras.
Debt-laden Bharati Shipyard Ltd on Tuesday said it has filed a reference with the Board for Industrial and Financial Reconstruction (BIFR), since it has become a sick company after eroding its entire net worth. "The Company's Net Worth as on March 31
An international maritime tribunal on Monday rejected Italy's request that India provisionally release two marines accused of killing two Indian fishermen, a setback for the Italian government after a three-year legal battle. However the International Tribunal for the Law of the Sea in Hamburg
In March 1656, Andrew Kilvert brought suit against Jan Geraerdy in the Court of Burgemeesters of the colony of New Netherland, demanding the release of his vessel, which had been arrested to obtain payment for the sale price of Kilvert’s ship
Kurdistan reasserted its right to export oil independently to the United States and other countries on Tuesday despite a court ruling in favour of the Iraqi federal government, which has sought to block crude sales from the autonomous region.
The International Court of Justice said on Thursday it will continue to hear a case brought by Bolivia against Chile seeking to force its neighbour to enter negotiations to grant Bolivia unfettered access to the Pacific Ocean. Chile had asked the court, also known as the World Court