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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In an unpublished opinion, the US Court of Appeals for the Fifth Circuit ruled that an indefinitely moored gaming vessel is not a vessel for purposes of general maritime law and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


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


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


Exxon Mobil Wants PDVSA Legal Edict Enforced

  Oil company Exxon Mobil asked a U.S. District Court on Friday to recognize a World Bank arbitration ruling that Venezuela must pay $1.6 billion over a nationalization claim filed in 2007. "Awards issued pursuant to the ICSID Convention are subject to automatic recognition and enforcement in the United States," the filing said in part. The International Court Settlement of Investment Disputes (ICSID) published the arbitration ruling on Thursday


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


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


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


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


TMT CEO Files $100m IP Suit Over Vessel Sale

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Hsin-Chi Su, Chairman and CEO of Today Makes Tomorrow Group (TMT) launched a suit in Texas federal court on July 28, 2014, alleging that a planned bankruptcy sale of three company ships, including M.V.D Whale, M.V.G Whale and M.V.H Whale, to Mega International Commercial Bank Co. Ltd


Oil Refiner Bound to Goldman, Deutsche Fee Agreements - NY Judge

CVR Energy

  CVR Energy Inc is bound by agreements to pay Goldman Sachs Group Inc and Deutsche Bank AG more than $36 million in fees and expenses stemming from billionaire investor Carl Icahn's 2012 tender offer for the oil refiner, a New York state judge has ruled.


Dredging the River Elbe: Waiting for Luxembourg

Two passing containerships on the Elbe (Photo courtesy of the Port of Hamburg)

Decision delayed on the Deepening and Widening of the Navigation Channel of the Lower and Outer Elbe The Federal Administrative Court in Leipzig today adjourned the proceedings by the BUND and NABU environmental associations against the plan approval concerning the dredging of the lower and


Hamburg Port Dredging Delayed

Two passing containerships on the Elbe

 Port of Hamburg's has delayed the Deepening and Widening of the Navigation Channel of the Lower and Outer Elbe In this regards the statements by Port of Hamburg Marketing Executive Board Members Axel Mattern and Ingo Egloff on Today’s Decision by the Federal Administrative Court is as


BP Loses Bid to Block Seafood Fund Payments

A U.S. federal judge on Wednesday denied BP Plc's request to halt payments from the $2.3 billion fund it created to compensate commercial fishermen for financial losses after the British company's 2010 offshore oil spill, according to court records.


Coast Guard’s Proposed Maritime Preemption Assessment Framework

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In the May 2013 issue of Maritime Reporter & Engineering News, Dennis Bryant published a provocative article titled Rebuilding the Presumption of Preemption. Pointing to recent examples of state overreach in the maritime field like California’s ocean-going vessel fuel standard that


Odfjell Pleads Guilty to Pollution Charges

Odfjells tanker vessel involved in the incident, M/T Bow Lind (Photo: Odfjell)

Company agrees to pay $1.2 million penalty; $300,000, will fund Long Island Sound projects. Singapore-based Odfjell Asia II Pte Ltd and one of its senior crew members pleaded guilty yesterday in federal court in Hartford, Conn., for violating the Act to Prevent Pollution from Ships (APPS)


Two Ocean Shipping Companies to Pay $3.4M

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Sea Star Line LLC and Horizon Lines LLC have agreed to resolve allegations that they violated the False Claims Act by fixing the price of government cargo transportation contracts between the continental United States and Puerto Rico, the Department of Justice announced today


US EPA Serves ECA Suspected Violation Subpoenas

File photo

 U.S. EPA has served subpoenas in connection with the investigation into potential violations of MARPOL Annex and the Act to Prevent Pollution from Ships (APPS) following the coming into force of the North American Emissions Control Area (ECA) on 1, August 2012.


Chevron Wins A Round In U.S. Suit - Ecuador Case

Chevron

  A federal judge on Friday rejected a bid by a U.S. lawyer to stall the enforcement of a ruling that found he used fraud to secure a $9.5 billion pollution judgment against Chevron Corp in Ecuador. Lawyer Steven Donziger is appealing a 500-page decision issued by U


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


Conditional Settlement of Leighton Class Action

Leighton Holdings

Leighton Holdings Limited announces that it has entered into a conditional agreement to settle the shareholder class action brought against it in relation to the 11 April 2011 disclosure of a revision of its profit forecast for the 2011 Financial Year.  


Jordanian Shipping Company Pleads Guilty

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Jordan-based Arab Ship Management Ltd. pleaded guilty today in federal court in Wilmington, Delaware, to one count of violating the Act to Prevent Pollution from Ships, the Justice Department and the U.S. Coast Guard announced. In accordance with the terms of the plea agreement


Baghdad Seeks to Have Kurdish Oil Dispute Settled in Iraq

  Baghdad wants to settle a high-stakes dispute over $100 million worth of Kurdish crude oil in Iraq's  courts, although the oil is sitting in a tanker off the coast of Texas, a U.s. court filing  said on Friday. Iraq's central government has also asked Iraq's Federal Supreme


Strike Notice Served By Teekay Employees

  Teekay Shipping employees at Port Hedland who are members of the Australian Institute of Marine and Power Engineers (AIMPE) will take protected industrial action in the form of 4 hour work stoppages starting at 0315 on Saturday (9 August), 0500 on 11 August and 0615 on 13 August.






 
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