Courts Rule on Lost Profits
The U.S. Court of Appeals for the Fifth Circuit ruled that a ship owner whose vessel was damaged due to negligence is entitled to recover lost profits for the period the vessel was out of service if the vessel was active in a market ready for its services. In the instant case, plaintiff's barge grounded in the Pascagoula channel. The trial court found the government to be partially negligent because the channel as marked was inconsistent with the channel as dredged. The appellate court ruled that it is not necessary for a ship owner to show that it lost particular charters in order to recover lost profits. Maritrans Operating Partners, LP v. Port of Pascagoula Source: HK Law
Pascagoula Harbor Navigation Project – Environmental Statement
The US Army Corps of Engineers issued a Notice stating that it intends to prepare a draft supplement to the environmental impact statement (DEIS) to address the potential impacts associated with construction of authorized improvements to the Federal Pascagoula Harbor Navigation Project. Elements to be evaluated include widening the Gulf Entrance channel from 450 ft. to 550 ft. and deepening the Upper Pascagoula channel from 38 ft. to 42 ft. Source: HK Law
