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Suit Against

Citizen Suits Under the U.S. Clean Water Act

The U.S. Court of Appeals for the Ninth Circuit has upheld the right of citizens to bring suit for civil penalties under the Clean Water Act, also known as the Federal Water Pollution Control Act (FWPCA). In the instant case, plaintiff environmental advocacy group brought suit against the owner of an oil refinery for alleged discharges of petroleum coke into U.S waters, after notifying the owner of the alleged violations. The defendant contended that the notification letter was deficient because the letter failed to identify the specific dates of the alleged violations and because it had sold the refinery to a third party between the time it received the notification letter and the time suit was brought. The court held that the notification need only provide enough information that the defendant can identify and correct the problem. The court also held that a defendant can not escape liability for past violations by selling the polluting facility. Source: HK Law


Two Bites of an Apple Disallowed

In an unpublished decision, the U.S. Court of Appeals for the Fifth Circuit ruled that a plaintiff may not bring separate actions against different parties based on the same nucleus of operative facts. In the instant case, plaintiff was injured when thrown from a boat. He sued the manufacturer of the outboard motor, the manufacturer of the boat, the retailer of the boat and motor, the boat owner/operator, and the insurance company of the owner/operator


Favorable Verdict for Celebrity Cruises

Celebrity Cruises announced that a federal court jury in New York has awarded Celebrity $193m in a lawsuit against Essef Corp. Celebrity has remaining claims for interest and certain legal fees. Celebrity filed suit against Essef Corp. for damages stemming from a 1994 outbreak of Legionnaires' disease on Celebrity's vessel Horizon. Celebrity claimed for out-of-pocket losses, lost profits, and loss of business enterprise value related to this incident.


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


Reduction of attorney’s fee contract to protect seaman

The U.S. Court of Appeals for the Fifth Circuit ruled that a court sitting in admiralty has inherent authority to alter a contingent fee contract for legal services entered into by an uncounseled seaman. In the instant case, plaintiff foreign seaman retained an attorney to represent him in a personal injury suit against the owner of a ship on which he was injured. The contingent fee contract called for recovery (assuming success in the litigation) by the attorney of all expenses and


U.S. jurisdiction clause does not require application of COGSA

The U.S. Court of Appeals for the Fifth Circuit ruled that inclusion in a bill of lading of a clause providing for U.S. jurisdiction does not require application of the U.S. Carriage of Goods by Sea Act (COGSA) where the goods were shipped from Spain to China and the General Paramount Clause provided for application of the Hague-Visby Rules. In the instant case, the goods were damaged en route and the shipper brought suit against the vessel and the carrier


Tiger Woods Comes Out at Yacht Builder

A federal court in Miami has ruled that golfer Tiger Woods’ lawsuit against Christensen Shipyards, Ltd. will proceed in the U.S. District Court for the Southern District of Florida and that an order enjoining Christensen from the unauthorized use of Woods’ name or photographs of his boat will remain in place. Woods filed his rights-of-publicity suit against Christensen last October in the U.S. District Court for the Southern District of Florida


Suit on Carrier’s Bill of Lading Constitutes Acceptance

In a rehearing, the U.S. Court of Appeals for the Ninth Circuit ruled that the forum selection clause in a carrier’s bill of lading is accepted by the non-signing cargo owner when the owner brings suit against the carrier for breach of the bill of lading. In the instant case, plaintiff cargo owner contracted with a NVOCC to have its cargo shipped from Korea to Los Angeles. The NVOCC’s bill of lading included a forum selection clause providing for suit in the United States


Alaska Files Civil Suit Against Royal Caribbean

Alaska filed a civil suit on Aug. 13 against Royal Caribbean Cruises, accusing the company of dumping oil and other hazardous wastes into state waters after the firm pleaded guilty to federal criminal pollution charges. Royal Caribbean pleaded guilty last month and was fined $18 million for 21 felony counts of violating federal water pollution laws in areas ranging from the Caribbean to Alaska’s Inside Passage. Attorney General Bruce Botelho said the state filed a civil case in Superior


Chilean Navy Reassesses Damage From Oil Tanker Spill

An oil tanker that ran aground in a remote southern Chilean fjord in late May spilled 92,600 gallons (350,528 liters) of crude, leaving an oil slick 70 miles (112 km) long and damaging wildlife and a salmon farm, the Chilean Navy said on Wednesday. Maritime authorities initially dismissed the incident, which occurred on May 25, saying the leak had been negligible and had caused no damage to the environment. But the Navy on Wednesday admitted the spill was worse than first announced.


US, ATP-IP Reach Settlement over Unauthorized Oil Discharges

Offshore Oil Platform Owner to Improve Safety and Operations in Gulf of Mexico Following Unauthorized Oil Discharges; EPA and Bureau of Safety and Environmental Enforcement secure settlement in first joint judicial enforcement action under Clean Water Act and Outer Continental Shelf Lands Act


Protecting Shippers from Ebola Outbreak

Image: Martek Marine

IMO Response to Ebola Outbreak The IMO have reacted quickly in response to the international emergency recently declared by the World Health Organization (WHO) over the Ebola outbreak in West Africa. In September the IMO issued an international circular ‘3484’ calling for a united


Ivory Coast Seeks Deepwater Oil Investors

(Source: Google Maps)

Ivory Coast will seek investors in its available offshore oil acreage, including seven new ultra-deep water blocks in the Gulf of Guinea, at a promotional event in Texas next week, a senior oil ministry official said on Tuesday. The West African nation will target companies including Exxon Mobil


Business, Bankruptcy, Bad Debt – and You

Everyone knows that doing business with payment terms providing for payment in the future poses a risk. Our clients often contact us asking us to write letters and file suits against customers who have either refused to pay or are unable to make payments on past due invoices


U.S. to Join Anti-Piracy Organization: USCG Admiral on Council

Coast Guard Rear Adm. Paul Thomas: Photo USCG

The USCG informs that the U.S. is due to become the 20th nation to join the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP), with a Coast Guard admiral to serve on governing council. Established in 2006


US Joins Antipiracy Organization

Paul Thomas

U.S. Coast Guard admiral to serve on governing council The U.S. will become the 20th nation to join the Regional Cooperation Agreement on Combating Piracy and Armed Robbery against Ships in Asia (ReCAAP) on Tuesday. Established in 2006


ISP Unveil Re-designed Lifejackets Range

The ISP team: Photo ISP

UK's International Safety Products, manufacturer and supplier of marine safety products, says it launched a redesigned package of lifejackets at the recent Shipbuilding, Maritime and Machinery (SMM) trade show in Germany. The firm's Andy Scott said they unveiled new be-spoke versions of the


ABS Aids Selection of Ballast Water Management Systems

ABS has announced the launch of its Ballast Water Management Systems (BWMS) Selection Service to assist designers, shipyards, owners and operators in selecting the solution suited to the unique needs of each vessel. "As the maritime industry continues to adjust to the regulatory landscape


Iraq Refiles Case in US Court over Disputed Kurdish Crude Cargo

United Kalavrvta (Photo: MMS)

Iraq has refiled a suit in U.S. court in a bid to gain control of some 1 million barrels of disputed Kurdish crude oil on a tanker near Texas, days after the court said it lacked jurisdiction to have the cargo seized but that it could hear arguments about who is the oil's rightful owner.


Iraq Sues Greek Shippers for Transporting Kurdish Oil

United Kalavrvta (Photo: MMS)

Iraq said it filed a lawsuit against Greek shipping company Marine Management Services (MMS) for its role in the export of crude from the Kurdistan region, which Baghdad says is illegal. The case is the latest move by Baghdad to deter customers and thwart independent exports of crude from the


Survitec to Display Growing Portfolio at SMM

Photo: Survitec

Visitors to SMM 2014 will be able to find out more about Survitec Group's growing portfolio of products and services for the cruise, ferry, cargo, tanker and offshore shipping markets. At this year's show Survitec will be highlighting its RFD, SurvitecZodiac, DSB


MacGregor Wins Stena RoRo Conversion Job

MacGregors conversion team is no stranger to the vessel, originally altering the ferry in 2008.

MacGregor, part of Cargotec, has received a contract from Stena North Sea Ltd. to convert the 29,800gt RoPax ferry Dieppe Seaways to optimize it for its new route between Dublin and Holyhead in Ireland. The order further strengthens MacGregor's position as the first choice supplier for RoRo


TMT CEO Files $100m IP Suit Over Vessel Sale

us courts.jpg

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


JA Moody, Viega Strike Distribution Deal

JA Moody, a national distributor for product lines in the navy and commercial marine marketplace, is now a Viega Marine Distributor for the U.S. shipbuilding and offshore markets. Founded in 1899, The Viega Group manufactures and distributes plumbing, heating and pipe joining systems


Ecoshield Rudder Protection Generates Savings

Over the last couple of months a number of vessels have had their rudders coated with Ecoshield at shipyards in China. These include several container vessels and a car carrier. The applications will protect the rudders against cavitation and corrosion damage for the remainder of the






 
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