Federal Court

U.S. Federal Court Bars OPEC From Price Fixing

A U.S. federal court reportedly has granted a one-year injunction barring oil producer group OPEC from fixing prices. Prewitt Enterprises won a civil anti-trust case in an Alabama court, accusing the Organization of the Petroleum Exporting Countries (OPEC) of conspiring to fix oil prices through oil supply agreements. OPEC is for the next year "restrained from entering any agreements among themselves or with third parties to raise, lower, or otherwise determine volumes of production and export of crude oil," a Senior U.S. District Judge ruled March 21. OPEC made successive cuts in production through 1998 and 1999 that pushed crude oil prices to their high level since the Gulf War and lifted gasoline pump prices to record highs.

Chemoil Files Suit Against STUSCO

Chemoil Corporation announced today that it has filed suit against Shell Trading US Co. (STUSCO) in the Federal Courts of the Southern District of Texas in connection with certain acidic products, which STUSCO supplied to Chemoil during 2003. In this suit, Chemoil is seeking indemnity from STUSCO, as well as damages for breach of contract and other causes of action. This action is directly related to a series of TAN (Total Acid Number) bunker claims received by Chemoil in New Orleans

Indefinitely Moored Vessel not Subject of Admiralty Jurisdiction

In an unpublished opinion, the US Court of Appeals for the Fifth Circuit ruled that an indefinitely moored gaming vessel is not a vessel for purposes of general maritime law and not subject to the admiralty jurisdiction of federal courts. In the instant case, the gaming vessel was afloat, but had not moved since arriving at its Lakes Charles mooring in 2001. The owners had no intention of moving the vessel. Plaintiff alleged personal injury from a slip-and-fall on carpeting outside the

DOT – Drug and Alcohol Testing

The Department of Transportation (DOT) issued a final rule amending (again) its regulations pertaining to urine specimen collections as part of the drug and alcohol testing procedures.  A federal court has issued a temporary stay regarding the recent change to the regulations.  Therefore, until the court issues its decision on the propriety of the new procedures, the previous procedures will remain in effect

Enviro Fugitive Caught

Sherman Smith, owner of Seawall Construction, a Seattle area marine construction company, was surrendered to the U.S. Marshall's Service in Tucson, Ariz., on April 1 by the Mexican Government. Smith had forfeited $20,000 bail when he failed to appear for trial in federal court in Washington State in May 1996 and had been living in Mexico. Smith was previously charged on Sept. 27, 1995, in U.S. District Court for the Western District of Washington in Seattle with violating the Clean Water Act

TSA Issues Security Threat Assessment Application

The Transportation Security Administration (TSA) issued a notice stating that it is seeking approval from the Office of Management and Budget (OMB) to require that individuals seeking access to Sensitive Security Information (SSI) for use in civil proceedings in federal court submit a security threat assessment application. As part of this application, as proposed, the attorney will be required to submit identifying information, information regarding the litigation

Company and Senior Officers Fined for Falsifying Export Certificates

The Animal and Plant Health Inspection Service (APHIS) issued a news release stating that a Louisiana company specializing in the export of agricultural products and its principal officers plead guilty in federal court to counterfeiting and using phytosanitary certificates. The company president and vice president were sentenced to five years probation and fines of $250,000 each. The company was assessed a criminal fine of $500,000

Misplacing Benton Harbor results in dismissal of action

The U.S. Court of Appeals for the Seventh Circuit upheld the trial court’s decision to dismiss an admiralty action filed in the wrong district. In the instant case, plaintiff contracted to have cold-rolled steel shipped from Belgium to Benton Harbor, Indiana. The bills of lading provided, in pertinent part, that any action was to be brought in the federal district court having admiralty jurisdiction at the U.S. port of discharge. Plaintiff brought suit in federal court in Chicago

Canada Appeal Denied in Port State Control Case

Transport Canada stated that the Supreme Court of Canada has declined to consider the appeal of the ship owner in a case challenging the decision of Canadian port state control inspectors to detain a ship for an extended period. The Federal Court of Appeals (FCA) of Canada had ruled that the government is not liable for the extended detention of a ship based on an allegedly negligent port state control (PSC) inspection

Rowan Pleads Guilty To Dumping Waste

Rowan Companies Inc. will pay $9m in penalties and add a corporate environmental division under a plea agreement in which it admitted the routine discharge of pollutants and garbage into the Gulf of Mexico from one of its drilling rigs, the Justice Department recently announced. Rowan pleaded guilty in U.S. District Court in Beaumont, Texas, to three felonies in connection with the dumping of waste hydraulic oil mixed with water, used paint, paint cans