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14 Jun 2022

'Midshipman-X' Revealed, Files Suit Against Maersk

Hope Hicks is Midshipman-X. (Photo courtesy Sanford Heisler Sharp)

A U.S. Merchant Marine Academy (USMMA) midshipman who shook the maritime industry last year when, under the moniker "Midshipman-X," publicly described how she was raped by her superior officer while serving as an engine cadet aboard a Maersk cargo ship, has been revealed as Hope Hicks.Hicks is one of two USMMA students being represented by Sanford Heisler Sharp and Maritime Legal Solutions, who said Tuesday they filed two related complaints in New York state court against Maersk Line, Limited alleging that company, a subsidiary of Danish shipping giant A.P.

29 Mar 2019

Companies Sue Valero for Bad Marine Fuel

File Image: AdobeStock / © ricardo Arata

Two companies filled lawsuits this week in federal courts in Texas alleging that ships they operated in 2018 were damaged by contaminated bunker fuel sold by a Valero Energy Co subsidiary Valero Marketing and Supply Co, according to court documents.A Valero spokeswoman did not reply to a request for comment.The National Shipping Co of Saudi Arabia said it paid out more than $1.1 million for repairs and replacement fuel for a ship that drifted at sea for two days before restarting and arriving at Alexandria…

05 Aug 2018

UASC Sues World Fuel Services

Dubai-based shipowner United Arab Shipping Company (UASC) has filed suit against Miami-based marine fuels provider World Fuels Services (WFS) seeking relief from damages incurred through the bunkering of off-spec fuel oil in 2016, reports Arabian Industry.UASC is seeking relief from damages incurred through the bunkering of the off-spec fuel oil, according to the suit filed in the US District Court for the Southern District of Florida on 27 June, 2018.The Middle East shipping giant claims that on or about 21 September 2016, it entered into contract with WFS for delivery of 3,500-4,200 tons of high-sulphur 380cst bunker fuel for containership UASC JILFAR in the port of Kavkaz…

31 Jul 2017

For Payroll Purposes, is Your Seaman Really a Seaman?

© Carabay / Adobe Stock

For operational purposes, it is critical to know what type of employees you have on your vessel. Failure to do so could be expensive. As vessel operators, we pay close attention the provisions of the Jones Act and how they affect the operation, crewing and administration of our marine-based operations. A determination that your vessel-based crews are seamen under maritime law creates a different employment relationship when compared to employees designated as longshoremen or land-based employees.

31 May 2016

Seaway Stakeholders File Suit Against US Coast Guard

A bulk carrier alongside the pier (File photo: FedNav)

A coalition of U.S. Great Lakes ports, vessel operating companies and maritime trade associations today filed suit in the U.S. District Court for the District of Columbia challenging the U.S. Coast Guard’s 2016 increase in Great Lakes pilotage rates, the American Great Lakes Ports Association (AGLPA) announced. The complaint was filed by a coalition including the AGLPA, along with the Shipping Federation of Canada and the U.S. Great Lakes Shipping Association, as well as vessel operating companies Fednav International Ltd…

19 May 2016

EIG names Odebrecht, shipyards in Petrobras suit

Investment management firm EIG Management Co added Brazil's engineering conglomerate Odebrecht SA and a few other shipyards in its $221 million fraud suit against Petroleo Brasileiro SA. EIG, in a filing on Wednesday, alleged that Odebrecht SA and other shipyards along with Petrobras misled the firm to invest over $221 million to purchase equity in now-bankrupt Sete Brasil Participacoes SA. The other shipyards mentioned in the filing by EIG and eight of its managed funds include Keppel Corporation Ltd, Sembcorp Marine Ltd and Jurong Shipyard Pte Ltd. "Through a series of misrepresentations and omissions directed at EIG, Petrobras fraudulently…

23 Feb 2016

Maritime Cybersecurity: What Next?

The maritime community is no more immune from cyber threats than any other entity that relies on computers and the internet. The maritime industry, though, constitutes part of the world’s critical infrastructure. Thus, the consequences of a successful cyber-attack on a maritime entity could be far greater than a successful cyber-attack on, for instance, a bakery. Consequently, it is important that the maritime sector and its numerous constituents adopt reasonable measures to deter, detect, and recover from cyber-attacks. Currently, much of the world’s attention is focused on terrorism. Cyber-attacks by terrorists are a real threat and steps must be taken to counter them. More commonly, though, cyber-attacks are launched by criminals, nation-states, and corporate spies.

05 Dec 2015

Spanish Treasure Galleon San Jose Found - Colombia

Colombia has found the wreck of a Spanish galleon that sank off the coast of Cartagena and is thought to be laden with emeralds and gold and silver coins, President Juan Manuel Santos said on Friday. More details will be provided at a news conference on Saturday, Santos said from his Twitter account. The San Jose sank in 1708 in the Caribbean Sea close to the walled port city of Cartagena. It was part of the fleet of King Philip V as he fought the English during the War of Spanish Succession. "Great news! We have found the San Jose galleon. Tomorrow we will provide details at a press conference from Cartagena," Santos tweeted. The government's claim on Friday did not shed light on a legal wrangle with Sea Search Armada…

25 Aug 2015

Where Arbitration Began: Maritime Arbitration in New York

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. The practice of arbitration of maritime matters in New York, therefore, has its beginnings in Dutch law. Dutch rule in New Netherland (New Amsterdam) lasted less than 50 years. With the English takeover in 1664, most of the Dutch settlers elected to stay in what its new rulers named New York. In 1766, a statute concerning arbitration was enacted in the colony, and shortly after the founding of the New York Chamber of Commerce in 1768, the arbitral system became further embedded in New York.

12 Mar 2015

Richard Branson's Virgin Group Accused of Pirating

Former Norwegian Cruise Line CEO Colin Veitch has filed suit against Richard Branson for $300 million claiming that Virgin essentially stole his ideas and business plans to enter the lucrative luxury cruise industry by building a pair of state-of-the-art ships capable of carrying 4,200 passengers each. Veitch claims he planned the start-up operation, lined up financing to build the first ship and worked out a tentative commitment with a German shipyard, according to an article by Curt Anderson, legal affairs writer for the Associated Press. Veitch was CEO of Norwegian from 2000 to 2008. According to the AP, Veitch is asking for $300 million in damages in the lawsuit filed Wednesday in Miami federal court. He is also asking the court to shut down Virgin Cruises.

16 Oct 2014

US, ATP-IP Reach Settlement over Unauthorized Oil Discharges

Under a settlement agreement with the United States, ATP Infrastructure Partners, LP (ATP-IP) will pay a $1 million civil penalty and perform corrective measures to resolve claims by the U.S. under the Clean Water Act and the Outer Continental Shelf Lands Act (OCSLA) of unauthorized discharges of oil and chemicals from an oil platform into the Gulf of Mexico, announced the U.S. Environmental Protection Agency (EPA), the Department of Justice, and the Department of the Interior’s Bureau of Safety and Environmental Enforcement (BSEE). This is the first joint judicial enforcement action involving EPA and BSEE claims in response to alleged violations of both the Clean Water Act and OCSLA. The United States’ complaint, which was filed in February 2013, in the U.S.

27 Sep 2013

Bollinger Builds

Lockport, La.-based Bollinger Shipyards, Inc. is humming with work from oil and gas companies and government agencies. Family-owned and operated, Bollinger has 10 shipyards -- nine in south Louisiana and one in Texas -- along with 28 drydocks and 3,000 employees in four administrative locations. Last month, we caught up with Ben Bordelon, Bollinger’s Executive Vice President of Repair, for his outlook on the firm and the Gulf of Mexico. Bordelon is the nephew of Boysie Bollinger, who has been at the helm as CEO since 1985.

25 Apr 2013

Treasure Hunters File Another Suit Against Columbia

Sea Search Armada's (SSA) lawsuit against the Government of Colombia in U.S. District Court, Washington D.C. claims it interfered with SSA's legitimate treasure salvage operations. The galleon San Jose carried coins and precious metals mined and smelted in Peru, and valued by experts to between $4 billion and $17 billion. The ship was sunk outside Cartagena, Colombia in 1708. In 1980, a marine salvage operation was mounted by a group now owned by SSA with the permission and participation of the Colombian government (GOC). After discovering the San Jose wreck site and notifying the GOC, the Colombians reneged on their agreement to share proceeds of any recovered treasure. In 1984, the Colombian Parliament enacted a law eliminating SSA’s claims to its property.

18 Jan 2013

Responder Immunity

Not long after specialized tank ships were developed, enabling the carriage of large quantities of oil and petroleum products, groundings, collisions, and other casualties started causing significant oil spills. In those early days, there was no financial incentive to clean up such spills. To the extent that there was a response, it was often by Good Samaritans, a term derived from a parable found in the Bible at Luke 10:25-37 about a stranger from Samaria who, with no thought of reward, came to the aid of an injured robbery victim in Judah.

01 Nov 2011

Transocean in U.S. Federal Court on BP Obligations

Transocean Files Motion for Summary Judgment in U.S. Transocean Offshore Deepwater Drilling Inc. (TODDI), a subsidiary of Transocean Ltd., today filed a motion for summary judgment in the United States District Court for the Eastern District of Louisiana requesting the court to compel BP to honor its contractual obligation to defend, indemnify and hold harmless Transocean for damages associated with BP's failure to contain flow from its Macondo well in the Gulf of Mexico in 2010. The contract between BP and Transocean for the Deepwater Horizon drilling rig contains industry-standard reciprocal indemnity provisions that apportion risk and quantify liabilities between the two companies.

06 Oct 2009

Arbitration, Foreign Seaman’s Wage Claim

The US Court of Appeals for the Ninth Circuit ruled that a wage claim by a foreign seafarer against his employer for service on a foreign vessel is subject to arbitration. In the instant case, plaintiff Philippine seafarer brought suit against defendant cruise line alleging violation of the Seamen’s Wage Act. Defendant cruise line’s motion to compel arbitration in the Philippines was granted by the federal district court and plaintiff appealed. The order compelling arbitration was upheld by the appellate court, which ruled that federal law favors arbitration and that the collective bargaining agreement between with seamen’s labor union and the cruise line comported with the requirements of the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards and federal law.

08 Jan 2009

CA Files Suit Against Cosco Busan

California Attorney General Edmund G. Brown Jr. filed a lawsuit today on behalf of the California Department of Fish and Game Office of Spill Prevention and Response, State Lands Commission and State Water Boards against the owners, operators and pilot of the M/V Cosco Busan, the shipping vessel that spilled more than 53,000 gallons of oil into San Francisco Bay. “This was a preventable accident that had tragic consequences,” Attorney General Brown said. On November 7, 2007, the Cosco Busan, piloted by John Cota, hit the San Francisco-Oakland Bay Bridge’s Delta Tower. The crash caused approximately 53,569 of gallons of oil to spew into San Francisco Bay and spread to the Pacific Ocean and along Bay Area shorelines.

19 Dec 2008

Judge Recognizes MARAD Authority

As a result of the Maritime Administrator’s designation of New Jersey as an adjacent coastal state, pursuant to 33 USC 1508(a)(2), Atlantic Sea Island Group, LLC, (ASIG) a deepwater port applicant, filed suit against the Maritime Administrator and Secretary of Transportation on February 15, 2008. In addition to filing the suit, the plaintiff also sought a preliminary injunction. ASIG alleged that the Maritime Administrator's designation of New Jersey as an "adjacent coastal state" under the Deepwater Ports Act of 1974 as amended, was contrary to law. The Maritime Administration filed a motion to dismiss the suit on March 17, 2008. On Dec. 8, 2008, in U.S. District Court for the District of Columbia, Judge Richard W.

11 Sep 2008

Alaska Upholds City of Valdez Tax on Large Vessels

On April 25, 2008, the Alaska Supreme Court held that a City of Valdez property tax, apportioned based on days docked in the City over days docked everywhere and imposed on large vessels, did not violate the Due Process, Commerce or Tonnage Clauses of the U.S. Constitution. City of Valdez v. Polar Tankers, S-12218/12223, Supreme Court of Alaska (April 25, 2008). In 2000, the City of Valdez (the "City") adopted a personal property tax (the "Vessel Tax") to compensate for its declining oil and gas property revenues. Revenues were declining as a result of a depreciation formula negotiated by the State of Alaska and the owners of the Trans Alaska Pipeline System (the "TAPS"), which included Conoco Phillips and Exxon Mobil, in the mid-1980s.

10 Sep 2003

Court allows September 11 lawsuits to proceed

The U.S. District Court for the Southern District of New York rejected motions by the defendants to dismiss lawsuits brought by persons injured by the terrorist attacks of September 11, 2001 and by decedent representatives. These plaintiffs brought suit against the airlines, airport security companies, airport operators, the airplane manufacturer, and the owners and operators of the World Trade Center, alleging negligence. Defendants moved to dismiss, asserting, among other things, that they owed no duty to plaintiffs and that they could not reasonably have anticipated that terrorists would hijack airplanes and crash them into buildings. The court ruled that defendants owed duties to plaintiffs sufficient to withstand motions to dismiss.

28 Oct 2003

Zodiac Files Suit Against Brunswick

Zodiac of North America, Inc., Zodiac International, S.A. and its AVON Inflatables Ltd. subsidiary filed a lawsuit against Brunsweick Corporation, charging that Brunswick infringed a Zodiac patent creating the Amanzi 380 Deluxe rigid hull inflatable boat (RIB), recently introduced by Brunswick’s Mercury Marine Division. Zodiac is claiming that Brunswick intentionally copied the patented technology of a Zodiac RIB design as well as features of the AVON Seasport De Luxe series. The lawsuit was filed in the U.S. District Court for the District of Maryland, located in Baltimore.

13 Nov 2003

Legal Beat: At Sea with U.S. Maritime Security

By Dennis L. The U.S. Coast Guard issued its final regulations implementing the Maritime Transportation Security Act of 2002 (MTSA). These regulations replace the interim rules issued on July 1, 2003 and take into account comments received thereon. Few substantive changes, though, have been made. The majority of the changes are in the nature of clarifications. The submission date for security plans was changed from December 29 to December 31, 2003. Vessel and facility security plans must be in full effect not later than July 1, 2004. Various alternative security programs submitted by specialized industry groups were approved. Overall, the Coast Guard is to be congratulated for its development of a program for enhancing U.S.

25 Nov 2003

Dow Chemical Files Suit Against Shipping Companies

Dow Chemical Company and its subsidiary Union Carbide Corporation have filed lawsuits in the US against Odfjell and three other major parcel chemical tanker carriers, Stolt-Nielsen, Tokyo Marine and JO Tankers in relation to violations of antitrust laws in the US, and claimed damages as a consequence thereof. The lawsuits have not yet been served on Odfjell. On September 29, Odfjell ASA's wholly owned subsidiary Odfjell Seachem AS entered into a voluntary plea agreement with the US Department of Justice. Odfjell Seachem AS agreed to plead guilty to a single-count violation of the US Sherman Antitrust Act for allocating customers and thereby fixing prices on certain contracts of affreightment from 1998 to 2002.

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