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In an unpublished decision, the U.S. Court of Appeals for the Fifth Circuit ruled that a plaintiff may not bring separate actions against different parties based on the same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


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


Spanish Treasure Galleon San Jose Found - Colombia

Concept of what Spanish galleon looked like. Picture from Prince  Museum

  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


ABB Digital Application for MXP Turbocharger Self-service Maintenance

Dedicated turbocharger designed and optimized for marine auxiliary engines

The first digital application for condition-based maintenance of an ABB turbocharger has been developed for the new marine auxiliary turbocharger, MXPTM.  Presented to the global marine industry at SMM 2016 in Hamburg, the MXP app is the first time ABB Turbocharging has developed a solution


French Port Workers Join Labor Reform Strike

French CGT trade union port workers will join a nationwide strike against French labor reforms on Sept. 15, the union said on Monday, a move that could disrupt oil, grains and other commodities shipment at French ports. The hardline CGT union led rolling nationwide strikes against the labor


U.S. strikes Yemen after Missile Attacks on U.S. Navy Ship

U.S. strikes target three coastal radar sites; Radar enabled launch of missiles against U.S. destroyer. The U.S. military launched cruise missile strikes on Thursday to knock out three coastal radar sites in areas of Yemen controlled by Iran-aligned Houthi forces


Political Issues Wrap Nickel Ore Trade

Peter Modev, Senior Loss Prevention Executive at UK P&I Club, and the Club’s local correspondent (Pandiman Philippines) provide an update on the risks in transporting nickel ore from the Philippines. Nickel ore cargo originates principally in the Southern region of the Philippines


Pelindo III to Receive 15 Tugs in Indonesia

Image: Robert Allan

In early 2015, Robert Allan Ltd., Naval Architects of Vancouver, Canada was awarded a contract to provide four customized versions of its distinctive RAzer series designs of ASD tugboats to the Indonesia Port Corporation, “PT Pelabuhan Indonesia III (PERSERO)”


Danish Investors Summon OW Bunker Parties to Court over Bankruptcy

File photo: OW Bunker

A group of 26 institutional investors has issued a summons against bankrupt Danish ship fuel supplier OW Bunker in the latest stage of a legal campaign for allegedly misleading them in its 2014 initial public offer (IPO).   The investors had said last year they would sue Bunker


How Politics Impacts OPA 90 Responder Immunity

Steven Candito

Many people today are frustrated with the current U.S. political process as we endure various government stalemates on budgets, Supreme Court appointments, and, of course, the Presidential election. The general theme is voters are angry with the political establishment and, as a result


BlueTide Launches Cyber Security Solution

BlueTide Communications aims to strengthen remote site network defense with its Security-as-a-Service (SECaaS) solution. Suited for remote maritime and offshore sites including yachts, merchant ships, offshore supply vessels, liftboats, rigs and platforms


US Freedom of Navigation Ops Targeted 13 Countries Last Year

The U.S. military carried out freedom of navigation operations against 13 countries last year, including several against China for what it views as excessive claims to maritime and airspace jurisdiction, the Pentagon said in an annual report on Monday.  


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


Gender Identity Spat Sinks Spending Bill

The rancorous political debate over sexual identity unexpectedly prompted the Republican-controlled House of Representatives to rejected an energy and water spending bill on Thursday after Democrats attached an amendment to protect the rights of transgender people.


Seaway Stakeholders File Suit Against US Coast Guard

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

Ports and vessel operators challenge what they call “flawed pilotage fees”   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


CGT Union Calls for French Port Strike

France's CGT union is calling for a nationwide port strike on June 23 and June 28 as part of ongoing protests against the government's labour reform bill, the union said in a statement on Wednesday.   Port workers have participated in rolling nationwide strikes in recent weeks


LUKOIL Introduces New Crankcase and Cylinder Oils

Piston crown on NAVIGO 6 CO in excellent condition (Photo: LUKOIL Marine Lubricants)

 LUKOIL Marine Lubricants has introduced the newly formulated NAVIGO 6 CO crankcase oil and NAVIGO 70 MCL AW cylinder oil, offering newly designed additive packages and additional benefits with regard to thermal and oxidation stability, corrosion prevention and wear protection.  


AkzoNobel Acheives ISO 19030 Compliance

AkzoNobel’s Marine Coatings business has outlined for the first time its full compliance with ISO 19030, the new standard for measuring hull and propeller performance. The requirements for ISO 19030 have been incorporated into AkzoNobel’s recommendations for hull performance monitoring






 
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