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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


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.


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In an unpublished decision, the U.S. Court of Appeals for the Fifth Circuit ruled that a plaintiff may not bring separate actions against different parties based on the same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


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


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


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


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


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.


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


US Shipping Lines May Return to Iranian Ports

Shahid Rajaee Port: Port and Maritime Organization, Iran

 Iran is expecting American shipping lines to visit its ports once the economic sanctions against it are lifted in light of the emerging comprehensive final agreement over the Iranian nuclear energy program, reports Press TV.   Iranian deputy minister of road and urban development


Ohio Sues Army Corps over Cleveland Harbor dredging

Cleveland Harbour Lake Erie by US Army Corps of Engineers

 Ohio Attorney General Mike DeWine's office filed suit Tuesday against the U.S. Army Corps of Engineers for its plan either to place dredge material from Cleveland Harbor in Lake Erie or refrain from dredging the entire navigation channel unless a non-federal partner pays to place it in


River Dance: Grounding Launches Runaway Barges, Coast Guard Investigation

Randy Oneill.jpg

It has been said that the vast majorities of collisions at sea occur in near perfect weather conditions. That trend can also be applied to the inland river system. Not too long ago, it was a beautiful mid-summer afternoon in the nation’s heartland


Safety at VIKING Scales New Heights

VIKING’s arctic suit triumphs over extreme temperatures_PS5002

  A record-breaking offshore evacuation system is one of several highlights to be presented at the stand of leading marine and fire safety equipment and service provider VIKING Life-Saving Equipment (VIKING) at OTC 2015 in Houston, Texas.   Chuting for the top


Greenpeace Ship Detained in Spain

Greenpeace ship Arctic Sunrise protests oil prospecting in the Canary Islands (Photo: CopterClouds/ Greenpeace)

A Greenpeace ship was detained by Spanish authorities today in the port of Arrecife, Lanzarote, following last Saturday's protest against Repsol’s potential oil drilling in the Canary Islands. Spain’s Ministry of Public Works and Transportation (Ministerio de Fomento) has detained


Thermoplastic for Wear Plate Applications

Photo: Vesconite

Water, dirt and salt play havoc with mated surfaces. Engineered to perform in harsh outdoor environments, Vesconite and Vesconite Hilube are suited for use as wear plates.   According to its manufacturer, Vesconite is an internally-lubricated polymer that excels in dirty and high-friction


Meercat Delivers First Workboat Under New Ownership

Falls of Lora is now in operation with Dawnfresh Farming

Meercat Workboats have delivered its first vessel under the umbrella of new owners Burgess Marine with the hand-over of a 14m. workboat to Scottish fish farming specialists Dawnfresh Farming. Meercat completed the steel build, named the Falls of Lora, at its facilities in Portchester, Hampshire


ZIM Launches Monitoring and Tracking Service

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ZIM integrated shipping services has announced the launching of a new monitoring, tracking and security services package, specifically designed for valuable and sensitive cargo stowed in reefer containers. The service allows customers to closely monitor their cargo's status


New VIKING ETSO transport suit tough to beat

VIKING’s latest addition Photo Courtesy Viking

“When it comes to passenger suits for helicopter transfer, there are a number of commonly used materials and features that are well-suited to the task,” says Jens Peter Kruse, Vice President, PPE at leading maritime and fire safety equipment manufacturer and service provider VIKING


APC: NIMASA behind Anti-Buhari Adverts

Photo: Nimasa Dg and the Graduating Students of Nsdp Program

 The All Progressives Congress (APC) Presidential Campaign Organization (APCPCO) Friday accused the Nigerian Maritime Administration & Safety Agency (NIMASA) of sponsoring a hate campaign against its presidential candidate, Maj- Gen Muhammadu Buhari (rtd).    


Pronomar, ELA Cooperation Continues

150304 Pronomar DRY - ELA - EWEA Exhibition.jpg

Drying container exhibited again on EWEA in Copenhagen   In October 2014 Pronomar shared news about its cooperation with German based company ELA Container Offshore GmbH and developing the concept of drying containers.    Following a collaboration at Offshore Energy in Amsterdam


VIKING Steps Up at Cruise Shipping Miami

Photo courtesy of VIKING

VIKING Life-Saving Equipment’s product developers have been adding to the company’s range of products and service offerings. The LifeCraft – a revolutionary hybrid VIKING’s new super-sized, flexible evacuation system is a revolutionary hybrid that brings together the


Richard Branson's Virgin Group Accused of Pirating

Image: Richard Branson Facebook Page

 British billionaire Richard Branson's Virgin Cruises has sailed into early choppy waters as a former CEO of Norwegian Cruise Line accused of pirating business plans and ideas for building "ultra ships."    Former Norwegian Cruise Line CEO Colin Veitch has filed suit


Tug Sinks off Long Island; One Dead, Three Rescued

A tugboat sank off New York's Fire Island on Saturday, and one crew member died and three were pulled from the icy water by the U.S. Coast Guard.   The vessel, the Sea Bear, went down off Fire Island as it was returning to New York from the area's Shinnecock Inlet


New Workwear Lifejacket Introduced

Photo courtesy of Ocean Safety

Ocean Safety has introduced a new range of workwear lifejackets.   The new Kru Workwear range completes Ocean Safety’s lifejacket offering, providing a wide choice for personnel working in both the commercial and leisure industry.






 
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