United States Court Of Appeals News

As the U.S. Coast Guard tightens its BWTS compliance rules and more systems are approved, there are still many unanswered questions for operators finally looking to comply.It’s no secret among marine stakeholders that ballast water regulations remain a top concern at the start of 2018, and a confusing one, to say the least. Hence, if someone offers to sell you a clear, concise and complete ballast water instruction manual, move that email over to your spam filter right away. However…

On October 5, 2015, the United States Court of Appeals for the Second Circuit issued a 65-page decision holding that, for the most part, the 2013 Vessel General Permit (VGP) promulgated by the Environmental Protection Agency (EPA), was arbitrary, capricious and not in accordance with the law. The court declined, though, to vacate the VGP, but allowed it to remain in effect until the EPA issues a new VGP. The 2013 VGP had adopted, almost completely, the standards established in the International Convention for the Control and Management of Ships’ Ballast Water and Sediments…

A federal court ruled on Wednesday that BP well site leaders on the Deepwater Horizon oil rig cannot be charged with seaman's manslaughter in the deaths of eleven workers that died during the 2010 rig explosion because they were not seamen. A federal grand jury in Louisiana had indicted Robert Kaluza and Donald Vidrine, the top ranking BP employees on the rig, with 23 counts, including 11 counts of seaman's manslaughter. The United States District Court for the Eastern District…

Oil major BP said on Thursday it will appeal a U.S. court decision that found it grossly negligent with respect to the Gulf of Mexico 2010 oil spill and added the court will hold additional proceedings due to begin next January. BP said it will immediately appeal to the United States Court of Appeals as it believes the findings of the District Court for the Eastern District of Louisiana were not supported by the evidence at trial. "The law is clear that proving gross negligence is a very high bar that was not met in this case.

Freeman Freeman & Smiley say that its lead trial attorney  Robert S. Crowder (assisted by attorneys Russell R. Fisk and John D. Van Ackeren) have celebrated a win with their client, Tesoro Refining & Marketing Company LLC in a lawsuit filed by Plaintiffs North of England Protecting & Indemnity Association Limited, United Africa Petroleum Limited and General National Maritime Transport Company. Plaintiffs brought claims as insurer, owner and operator of the Libyan Motor Tanker Aljalaa for cleanup costs associated with an oil spill which occurred at Tesoro’s Long Beach, California, terminal on February 21, 2011. Although the M/T Aljalaa was admittedly responsible for the spill of its own fuel oil…

Looper Reed & McGraw is pleased to announce the addition of Julia Palmer and Carrie Weitinger as Members and Shannon Thorne and Monika Moore as Associates to its Houston office. The addition of these four attorneys has added great depth to the firm's Admiralty, Onshore and Offshore Energy and Insurance Law Practices. Julia M. (Adams) Palmer, formerly Julia M. Adams, is an active member of the admiralty and energy bar. Her practice focuses on the representation of marine and energy interests, insurers, and insurance brokers.

Robert J. Flynn Elected Chairman of the Board. ADM Thad Allen and Clay Maitland among an impressive slate of of 11 others. The Coast Guard Foundation, a non-profit organization committed to the education, welfare and morale of all Coast Guard members and their families, announced today that in accordance with its bylaws, a new slate of officers has been elected to serve on the Board of Trustees, beginning January 1, 2012. Robert J. Flynn was elected Chairman of the Board at the organization’s annual meeting in the fall. Joining Mr. Flynn as officers are Al J. Bernard, vice chairman; William E.

On June 30, 2008, in the case of United States v. Jho, the United States Court of Appeals for the Fifth Circuit reversed a ruling of the US District Court for the Eastern District of Texas and held that it was not a violation of international law for the federal government to prosecute an owner of a foreign ship and a chief engineer for violation of the Act to Prevent Pollution from Ships (APPS) by failing to correctly maintain the ship's oil record book (ORB). The court went further and ruled that each time the ship called on a US port with the falsely maintained ORB constituted a separate offense. The sentencing aspects of those separate violations were remanded to the district court for consideration. The implications of that decision are only beginning to be understood.

In 1988, Congress enacted the Abandoned Shipwreck Act (Pub. L. 100-298, 43 U.S.C. §§ 2101-2106), in an effort to give states more authority to protect the historical provenance of abandoned shipwrecks in state waters. It was one of the more controversial laws Congress passed that year because it pitted treasure salvors and divers, on the one hand, against states and historic preservationists on the other. In the end, the states won passage of the legislation, but some twelve years later, the question remains whether the Act has had the intended effect. Two significant decisions since 1988 have called into question the law's stated Congressional policy. First, a description of the Act itself.

Virginia Republican Rep. Herbert Bateman, 72, a nine-term congressman and strong military supporter who planned to retire at the end the year, died in his sleep, reportedly of natural causes on Monday, September 11, according to a spokesman. He had battled a series of health problems in recent years including lung and prostate cancer. First elected in 1982, Congressman Bateman had dominated his heavily Republican district in the Tidewater region of Virginia. He used his seat on the House Armed Services Committee to support the military and the area's heavy concentration of defense contractors while building a moderate voting record.

Monita W. Fontaine has been appointed Vice President of Government Relations for the National Marine Manufacturers Association (NMMA), working in the Washington D.C. office. She replaces Mick Blackistone who left the association earlier this week. Fontaine has been executive director of NMMA-affiliate the Personal Watercraft Industry Association (PWIA) since 2000. An attorney, she has a Master’s degree in Maritime Law and more than 25 years of lobbying experience in Washington D.C. and at the state and local levels. She is also an avid boater, and has skippered her wooden sailboat, Hither, Thither and Gone, across the Atlantic and throughout the Mediterranean and Caribbean.

On November 9, 2004, The Supreme Court of the United States decided Norfolk Southern Railway Co. v. James N. Kirby, Pty Ltd., docket No. 02¬1028 (Nov. 9, 2004). The Court reversed the Eleventh Circuit and held that Himalaya Clauses in both an NVOCC's bill of lading, and in a VOCC's bill of lading extended the bill of lading COGSA package limitation or other protection to the participating land carrier, the Norfolk Southern Railway Co., which was hired by an affiliate of the VOCC. The opinion also upholds the limitations in the VOCC's bill of lading even though there was no strict privy of contract between Kirby, the cargo interest, and the VOCC. The case involved a shipment of cargo from Australia to Athens, Alabama by way of Huntsville, Alabama.

Following is a more expanded analysis of the recent U.S. Supreme Court decision than the short summary provided yesterday. This analysis was prepared by Chester Hooper or Holland & Knight. On November 9, 2004, The Supreme Court of the United States decided Norfolk Southern Railway Co. v. James N. Kirby, Pty Ltd., docket No. 02­1028 (Nov. 9, 2004). The Court reversed the Eleventh Circuit and held that Himalaya Clauses in both an NVOCC's bill of lading, and in a VOCC's bill of lading extended the bill of lading COGSA package limitation or other protection to the participating land carrier, the Norfolk Southern Railway Co., which was hired by an affiliate of the VOCC.

The United States Court of Appeals for the Third Circuit ruled that a joint tortfeasor is not entitled to contribution from the United States in a maritime personal injury suit brought by an employee of the United States. In the instant case, the federal employee was working on a government vessel engaged in towing an obsolete government vessel from one location to another. Two commercial companies were assisting in the effort. During the tow, a portion of the government vessel’s towing gear broke off and struck the federal employee. The United States government paid the employee the compensation provided for under the Federal Employees’ Compensation Act (FECA).

Maritime law traditionally recognized only two claims by a seaman injured in the course of his employment. One claim was for maintenance and cure along with wages until the end of the voyage, and the other claim was damages for injuries sustained due to the unseaworthiness of the ship. Eventually, the Jones Act was passed creating an additional right of action for seaman under the theory of negligence. In contrast to the rights afforded to seamen, vessel owners have also been provided with certain defenses and immunities. One such defense is the primary duty doctrine. Under the primary duty doctrine, a Jones Act seaman may not recover from a vessel owner for injuries caused by the seaman's own failure to perform a duty imposed on him by his employment.

National Labor Relations Board. United States Court of Appeals by the company. port captains are managers ineligible for ILA representation. containerships calling at East Coast ports. shippers have been affected by this labor action. to company spokesperson Barbara Spector Yeninas. the bargaining table and an immediate resumption of service,² she said. York/New Jersey on May 14. Baltimore and sporadically in Charleston, Savannah and Port Everglades.