What the Heck is ‘Privity’?
Is the Limitation of Liability Act Still Relevant? In the aftermath of the El Faro disaster, that vessel’s owners exercised their right to file a petition to limit their liability in accordance with the U.S. Shipowner’s Limitation of Liability Act, 46 USC §30501, et seq. This evoked negative press and social media reaction with a now-familiar refrain: Why should a shipowner escape full liability for a disaster by hiding behind a 19th-century (i.e., outdated, antique, ancient) statute?
U.S. Ship Owners in Quandry with MLC2006
The failure of the United States to ratify an international treaty pertaining to maritime issues is, unfortunately, nothing new. But the Senate’s failure to ratify the Maritime Labor Convention of 2006 (MLC), arising out of the 94th session of the International Labor Conference held at Geneva that year, will not give American operators in foreign trade an excuse for failing to comply. Complications could certainly arise – translation: expensive delays – when a government official in a foreign port demands a certificate or other proof of compliance.
Marine Casualty
When a vessel-related accident occurs on the navigable waters of the United States, the investigation machinery starts up almost immediately. The operator, owner, or person in charge of a vessel involved in such a casualty is obliged to give the soonest practicable notification, often followed by a written report, to the local Coast Guard Sector or office. This begins a process in which livelihoods, liberty, and civil liability might all be at stake. Careful thought is required when the Coast Guard investigating officer calls to request an interview.
Moller Tapped for NAVSAC
Blank Rome’s Jeffrey Moller Appointed to Navigation Safety Advisory Council. Jeffrey S. Moller, Blank Rome LLP Partner and Product Liability, Mass Torts, insurance Practice Group Leader has been appointed to the Navigation Safety Advisory Council (NAVSAC) as a member representing the viewpoint of the Maritime Law Association. The NAVSAC provides valuable assistance to the Department of Homeland Security on matters related to prevention of collisions, ramming and groundings, including the Inland and International Rules of the Road…
