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In an unpublished decision, the U.S. Court of Appeals for the Fifth Circuit ruled that a plaintiff may not bring separate actions against different parties based on the same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


How to Defend against Patent Trolls without Breaking the Bank

Belknap

Patent trolls—those who seek to enforce patent rights, but do not actually manufacture or supply services based on the patents—are a problem in all industries, including the shipping industry. And as the pace of innovation in shipping continues to accelerate in areas such as


AMSA Relaxes Rules for First Aid Supplies

AMSA Making safety simple – working under the National System

  If you are operating in Class C, C Restricted, D or E waters, and are required to meet the National Standard for Commercial Vessels (NSCV) Part C7A (Safety Equipment), you now have flexibility to determine the type and quantity of first aid supplies that are appropriate for your operation


Renewable Energy Battery Solutions Ready for Ships

FC38-12 Battery (Photo: EMP)

A range of marine battery solutions has received approval for use on-board ships or marine related applications such as offshore platforms and renewable energy projects.   Now available from Eco Marine Power (EMP), a developer of renewable energy solutions for ships


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


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


5th Floating Accommodation for Lerwick

Lerwick port

  A further accommodation ship, Ocean Atlantic, is due at Lerwick on Monday 27 April 2015 and is on its way from Portland in Dorset. As with the other floating accommodation at the port, Petrofac will use it for workers constructing the Shetland Gas Plant project


Truckers to Strike Four SoCal Shippers

image: file photo

Truckers who haul freight from the ports of Los Angeles and Long Beach will go on strike against four ground-shipment companies on Monday, a Teamsters union official said, in a move that could revive labor tension at the nation's busiest cargo hub.


Baltic Military Shadow-boxing Said to Reach Cold War Levels

A daily game of Cold War cat-and-mouse is ratcheting up tensions in the Baltic and drawing the biggest military presence into the region for over 20 years, Swedish military officials say.   Eye-to-eye encounters with Russian combat jets and reports of suspected submarines in Swedish and


Essar Ports Profit Jumps 15%

  Essar Ports Limited today announced its unaudited results for the full year and quarter ended March 2015. Key Highlights: ·         Essar Ports takes over the Vizag Iron Ore outer harbor terminal with 2 berths on 14th May 2015


Roxtec Sees Rise in Cruise Ship Repair Work

Graham OHare, Roxtec UK managing director (Photo: Roxtec)

Manchester cable safety seal manufacturer Roxtec has reported increased demand for its cruise ship cable and pipe seals.   The firm has seen a 67 percent rise in sales for its watertight pipe and cable seals in the U.K. marine market in the last 12 months.  


Shell Offers Smooth Transition to ECAs

(Photo: Shell Marine Products)

Shipowners switching to low sulphur content fuels in line with their obligations in Emissions Control Areas (ECAs) have demanded confidence in the cylinder oils specified to lubricate their engines   The shipping world has been settling down to new restrictions on sulphur content in fuel


Hyde Marine to Present on BWTS at Nor-Shipping

Image: Hyde Marine

Company to Share Seamless Integration of Ballast Water Treatment System (BWTS); Experience in Retrofits for Small Footprint Installations at Nor-Shipping Maritime Environmental & Efficiency Management Seminar   Hyde Marine, Inc., announced it will attend Nor-Shipping 2015, June 2-5


Terminal Operator HHLA Prepares for Big Vessels

Photo:  Hamburger Hafen und Logistik AG

Port of Hamburg terminal operator Hamburger Hafen und Logisitik AG (HHLA) is making further preparations for the latest generation of mega-ships.    It has ordered two new container gantry cranes for its Container Terminal Tollerort (CTT)


Trelleborg Steps Into Canadian Market

Photo: Trelleborg

Trelleborg’s offshore and marine systems operations will, for the first time, showcase a number of its latest product developments at the Atlantic Canada Petroleum Show (ACPS), Newfoundland, later this month. These include thermal insulation, over bend and fire deluge systems


U.S. Court Finds WesternGeco Patents Valid

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  The U.S. Court of Appeals for the Federal Circuit recently affirmed the 2014 judgment that ION Geophysical Corp. infringed four seminal WesternGeco LLP patents covering streamer steering technology for marine seismic surveys, and that WesternGeco is the rightful owner of the pioneering






 
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