Judge Dismisses Complaint

Thursday, March 02, 2000
Federal Maritime Commission (FMC) Administrative Law Judge Norman Kline ended the dispute between the South Carolina State Ports Authority (SCSPA) and South Carolina Maritime Services, Inc. Maritime Services, operator of cruise-to-nowhere vessel M/V Tropicana, filed a complain against the SCSPA in October. It was seeking an investigation by the FMC regarding its claim by the SCSPA to refuse Maritime Services a berth for its vessel at state-owned docking facilities, while at the same time allowing Carnival Cruise Line to operate similar cruises, was discriminatory and in violation of the Shipping Act of 1984. In dismissing the complaint, Kline cited the recent decision by the Fourth Circuit Court of Appeals, which found the SCSPA to be an arm of the state, and therefore entitled to immunity from private lawsuits under the 11th Amendment. He also noted the federal Johnson Act leaves the regulation of certain gaming vessels up to the states. In reaching his decision, Kline relied on the 1996 Supreme Court decision Seminole Tribe of Florida v. Florida, 517 U.S. 44, as precedent. The case held that Congress could not abrogate state sovereign immunity from private suits under the Constitution.

Maritime Today


The Maritime Industry's original and most viewed E-News Service

Maritime Reporter April 2016 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Seized Hanjin Shipping Vessel Resumes Operation in South Africa

Hanjin Paradip resume  its sailing from South Africa as talks continue with owner over unpaid charter fees. The ship had been detained in Richards Bay, South Africa

Korean Shipbuilder Could Be Liquidated

South Korea's STX Offshore & Shipbuilding Co. has filed for receivership, following massive losses that have mounted up over the past two years, says a report in the WSJ.

Portugal PM Warns Lisbon Dock Workers to End Strike

Portugal's prime minister warned Lisbon dock workers on Friday that his patience was running out after a strike that has lasted a month, paralysing the city's ports.

Tanker Trends

A Year is a Long Time in Tankers

The latest Gibson Market Report focused on the age profile of the VLCC fleet and the prospects for trading life beyond 15 years of age.    Analysis of the Suezmax fleet shows a similar picture,

Strike In France: Implications for Tanker Demand

After the oil industry suffered from a severe drought in Venezuela, forest fires in Canada and rebel attacks on oil installations in Nigeria, it is now facing

Floating Storage Flattens Fortunes of $50 Crude

The prices of WTI and Brent crude briefly rose above $50/bbl during intraday trading on Thursday, the highest level seen since the end of July 2015, giving traders a brief moment of optimism,

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Standards Naval Architecture Navigation Pod Propulsion Port Authority Salvage Ship Electronics Ship Repair
rss | archive | history | articles | privacy | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.0676 sec (15 req/sec)