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
In an unpublished decision, the U.S. Court of Appeals for the Fifth Circuit ruled that a plaintiff may not bring separate actions against different parties based on the same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
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 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
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
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
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
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 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
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.
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
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.
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
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
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
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)”
Reuters reports that China’s Ministry of Transport has blacklisted 31 North Korean vessels in accordance with the UN Security Council resolution. China has barred a North Korean freighter from one of its ports. The country will start inspecting the North Korean ships that dock
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 Canadian government said on Friday it was lifting some sanctions against Iran, including the broad ban on financial services, imports and exports, making Canadian companies more competitive against rivals doing business in Iran.
BIMCO has now launched a new standard contract for ship managers to provide supervision services for shipbuilding and conversion projects. The contract, code named SUPERMAN, is a valuable new addition to BIMCO's existing suite of ship management agreements
The European Aviation Safety Authorities’ Part 145 approval of VIKING’s Bergen, Norway, servicing station heralds the completion of a ring of safety around the North Sea for aviation suits and lifejackets maintenance and repair needs.
Bollinger Shipyards will pay the United States $8.5 million and release contract claims to settle a False Claims Act action filed against it in the Eastern District of Louisiana, the Department of Justice announced today. The False Claims Act suit alleges that Bollinger misrepresented the
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
The government has announced that it has joined a lawsuit alleging that Inchcape Shipping Services Holdings Limited and certain of its subsidiaries (collectively, Inchcape) violated the False Claims Act by knowingly overbilling the U.S
Emergency personnel are responding to a 28-foot lobster boat ablaze near Ipswich, Mass., Friday, the U.S. Coast Guard reported. The lobster boat’s operator hailed Coast Guard watchstanders at about 9:30 a.m. stating his boat Dawn Breaker was on fire and he was abandoning ship after