U.S. Supreme Court Justice David Souter on July 25 rejected an emergency appeal from Stolt-Nielsen SA to freeze the Justice Department's pursuit of antitrust charges against it. Stolt-Nielsen has challenged the power of government prosecutors to revoke an amnesty agreement shielding it from prosecution over an alleged plot to divvy up customers in the parcel shipping business, which involves the transport of bulk liquids such as chemicals. The company's emergency petition asked the U.S. Supreme Court to bar lower court proceedings against it and a U.S.-based executive, Richard Wingfield, while a separate appeal to the Supreme Court on underlying legal issues was pending. Souter, acting for the court, turned away that request. In filings with the court, the company said the uncertainty is weighing on the company's business. According to The Associated Press, Stolt-Nielsen's stock price has dropped 37 percent since a federal appeals court ruled against in March 2006. The Justice Department, in its own Supreme Court filing, said it revoked the amnesty deal because it believes the company didn't hold up its part of the amnesty deal. Amnesty was revoked in March 2004 and the matter has been in litigation since then. A panel of the 3rd U.S. Circuit Court of Appeals in Philadelphia in March ruled that federal courts didn't have the power to block government prosecutors from pursuing the company and its officers because of the amnesty deal
In New Delhi the Supreme Court bans the old Exxon Valdez from entry & scrapping until decontaminated The ship, now known as the "Oriental Nicety," entered Indian waters last week and was headed for Gujarat, when the Supreme Court gave its order, according to a news report in 'The Times of India'. The ship was bought recently by the Hong Kong-based subsidiary of an Indian shipbreaking firm and was being taken to the coastal town of Alang, the hub of India's shipbreaking industry
The Canadian Press is reporting that former safety director of B.C. Ferries who resigned after the sinking of the Queen of the North is suing the corporation, saying Ferries failed to heed his warnings of a possible catastrophic incident without fleet-wide safety improvements. Darin Bowland filed a writ of summons in B.C. Supreme Court claiming damages for negligent misrepresentation, wrongful dismissal, loss of reputation, as well as aggravated and punitive damages.
The U.S. Supreme Court issued a final decree regarding Alaska's assertion of ownership of certain marine submerged lands in the southeast portion of the state. The court finalized its earlier ruling that the federal government retained ownership of those portions of the Alexander Archipelago more than three geographical (nautical) miles from shore because those waters do not constitute historic inland waters. The federal government retained ownership of those portions of North Bay
The U.S. Supreme Court has determined that, because the U.S. Coast Guard exercises minimal oversight of ‘uninspected vessels’ of the United States, the Occupational Safety and Health Administration (OSHA) of the Department of Labor shares jurisdiction over working conditions thereon. In the instant case, respondent was cited by OSHA for unsafe working conditions on its oil and gas exploration barge. Respondent challenged the citation
The US Supreme Court voted not to review the Ninth Circuit Court’s opinion upholding the California ocean-going vessel fuel regulations The Court did not provide an explanation of why it decided not to take this particular case. No further legal action is being considered. All ocean-going vessels calling at California’s ports are required to comply with these regulations when the vessel comes within 24 miles of the Californian coast
A sharply divided Supreme Court issued a lengthy and confusing ruling that holds that the Americans with Disabilities Act (ADA) applies to the public spaces on foreign cruise ships calling in U.S. ports. The reader is left to determine why. There is one short opinion that garnered the necessary five votes and holding that the public accommodation and specified public transportation definitions of the ADA include foreign cruise ships
The Federal Maritime Commission (FMC) issued an Order dismissing the proceeding against the South Carolina State Port Authority based on the recent U.S. Supreme Court decision that the state port authority, as an agency of the state of South Carolina, was entitled to sovereign immunity from complaints brought by citizens of another state in a federal forum. South Carolina Maritime Services, Inc. v. South Carolina State Ports
According to the online publication the Australian, 's largest privately owned shipbuilding business -- Adelaide Ship Construction International -- won a Supreme Court reprieve from eviction by the state government over a rent dispute, with the government claiming the company owed $127,612.65 in rent arrears. (Source: The Australian)
AdvanFort Company said attorney Sheila R. Schreiber has come onboard as its in-house legal counsel. Schreiber brings experience in the private and public sectors. She is a former litigation partner with Howrey LLP, served as counsel to the U.S. House of Representatives Committee on the Judiciary and has extensive experience in the national and international sales of industrial products. Her specialties include commercial, regulatory, employment, intellectual property
Solar company SunEdison Inc said a U.S. court has restrained the company from making any unusual asset transfers until a hearing in a lawsuit brought on by investors of renewable energy company Latin American Power. SunEdison's shares fell as much as 33 percent to $1
As widely reported in the maritime press, the United Kingdom's Supreme Court has granted an expedited hearing to Product Shipping & Trading's case against the collapsed OW Bunker (the Res Cogitans). The hearing will take place on 22 March in London and will deliver the
The planned freight port, the Stockholm Norvik Port, just north of Nynäshamn, is extremely important for the establishment of an efficient, eco-friendly supply of goods to the Stockholm region. In accordance with the Swedish Environmental Code
At a meeting of the International Oil Pollution Compensation Funds (IOPCF) this week, the International Chamber of Shipping (ICS) has strongly criticised the judgement of the Spanish Supreme Court in the ‘Prestige’ Case.
The Texas Supreme Court on Friday ruled that BP Plc cannot claim about $700 million in insurance that was carried by offshore driller Transocean Ltd to cover the blowout of BP's Macondo well in 2010, the biggest offshore spill in U.S. history.
Brazil's top prosecutor is expected to file charges in coming days against politicians implicated in the Petrobras corruption scandal, a political bombshell that could involve members of Congress and President Dilma Rousseff's government.
Ferries owned by Groupe Eurotunnel and run under the MyFerryLink brand can continue to run between Britain and France, after a British court upheld an appeal from a workers' collective which runs run the ferries. Britain's Competition and Markets Authority (CMA) has been examining Eurotunnel's
A Brazilian judge sentenced Nestor Cervero, former international chief of state-run oil firm Petrobras, to just over 12 years in prison on Monday for corruption and money laundering related to a bribe allegedly paid to the speaker of Brazil's lower house of Congress.
An international maritime tribunal on Monday rejected Italy's request that India provisionally release two marines accused of killing two Indian fishermen, a setback for the Italian government after a three-year legal battle. However the International Tribunal for the Law of the Sea in Hamburg
A U.S. appeals court said BP Plc, which in July reached a $18.7 billion settlement of federal, state and local claims over the 2010 Gulf of Mexico oil spill, must face one of two proposed class-action lawsuits claiming that the oil company defrauded shareholders over the disaster.
Brazil's Supreme Court authorized the questioning by Federal Police of ex-President Luiz Inácio Lula da Silva as a witness in a broadening corruption case focused on state-run oil company Petrobras , a spokesperson for the court said on Friday.
The shipping industry is expected to remain volatile and indispensable in 2016, says International accountant and shipping adviser Moore Stephens. Moore Stephens shipping partner Richard Greiner says, “The ultimate definition of an optimist has been characterized as an accordion player
International accountant and shipping adviser Moore Stephens believes slashing capacity is the only way to achieve stability in the dry bulk and container ship sectors. The shipping industry is expected to remain volatile and indispensable in 2016.
Spain's Supreme Court sentenced the captain of the Prestige oil tanker, which sank off Spain's northwestern coast in 2002, covering thousands of kilometres of coastline in fuel oil, to two years in prison on Tuesday. The captain, Apostolos Mangouras
Adani Hazira Port Private Limited (AHPPL), a 100% subsidiary of Adani Ports and Special Economic Zone Limited, had challenged the order dated 8.1.2016 passed by the National Green Tribunal, Pune, inter alia, cancelling the EC 3.5.2013 for expansion of facilities at Adani Hazira Port.