Us Supreme Court News

The owner, operator and charterer of the container ship that struck Baltimore’s Francis Scott Key Bridge on Tuesday are likely to face lawsuits over its collapse and the people killed or injured, but legal experts say U.S. maritime law could limit the companies’ liability.U.S. laws pertaining to open-water navigation and shipping, which are created through court decisions and by acts of Congress, could restrict the kinds of lawsuits filed against the registered owner of the Singapore-flagged ship…

In response to increased awareness of the prevalence of sexual assault and sexual harassment (SASH) in the maritime industry — and following a widely reported account by a U.S. Merchant Marine Academy cadet of sexual assault aboard a U.S.-flagged ship during her Sea Year training — Congress enacted into law the Safer Seas Act (SSA) in December 2022.Intended as a direct effort to prevent and punish SASH, the SSA, among other provisions:Requires the U.S. Coast Guard (USCG) to revoke the license…

A South Korean businessman wanted for nine years by authorities was extradited from the United States last Friday to face charges linked to one of the country's worst maritime disasters in which over 300 people, mostly children, were killed.Yoo Hyuk-kee was taken into custody on arrival from New York, where he had been fighting extradition to South Korea, where he faces embezzlement charges related to the company that operated the doomed vessel. Last year, the U.S. Supreme Court rejected his bid to block the extradition.Yoo…

An oil rig supervisor who earned more than $200,000 a year working for Houston-based Helix Energy Solutions Group Inc is entitled to overtime pay, the U.S. Supreme Court ruled on Wednesday in a decision with costly implications for the oil and gas industry.The court in a 6-3 decision authored by liberal Justice Elena Kagan decided that because the rig supervisor, Michael Hewitt, was paid a daily rate of $963 and not a salary, an overtime pay exemption in federal wage law for highly paid workers did not apply to him.The justices affirmed a 2021 ruling by the New Orleans-based 5th U.S.

The Sailors’ Snug Harbor (SSH) is a charity based out of New York that provides assistance to retired merchant mariners. In 2022, SSH helped more than 400 mariners in 33 states and Puerto Rico. SSH helps mariners live more comfortably by assisting them with their living expenses such as rent, mortgages, and utilities. SSH also helps them find other assistance and local services. In recent years, SSH has expanded its eligibility criteria to include inland mariners as well as deep sea mariners.SSH was incorporated in 1806 as the result of a bequest made by Captain Robert Richard Randall.

The Federal Water Pollution Control Act (FWPCA – also known as the Clean Water Act), as amended by the Oil Pollution Act of 1990 (OPA 90), contains a responder immunity provision. That provision states, in pertinent part:(A)A person is not liable for removal costs or damages which result from actions taken or omitted to be taken in the course of rendering care, assistance, or advice consistent with the National Contingency Plan or as otherwise directed by the President relating…

U.S. federal Maritime Commission Chairman Daniel B. Maffei announced Phillip C. “Chris” Hughey has been hired as the General Counsel of the Federal Maritime Commission and appointed to be a member of the Senior Executive Service.In his capacity as General Counsel to the Commission, Hughey will provide legal advice and recommendations to the Chairman and Commissioners on regulatory and policy matters. He will serve as a member of the agency’s senior management team and will also…

U.S. Supreme Court Justice Sonia Sotomayor on Thursday rejected a bid by a businessman to block his extradition to South Korea to face embezzlement charges that stemmed from a 2014 ferry sinking that killed 304 people.Sotomayor rejected Yoo Hyuk-Kee’s request to prevent his extradition from going forward while he appeals lower-court rulings rejecting his effort to avoid being sent to South Korea to face trial on the seven embezzlement charges against him.Sotomayor is the justice assigned to review emergency appeals from a group of states that include New York…

Marine terminals at California's Port of Oakland reopened for regular weekday hours on Monday after independent truckers formally ended a week-long protest of the state's new "gig worker" law that stranded cargo on ships, docks and warehouses, worsening U.S. supply chain snarls."All of our marine terminals are open this morning and operations are normal," a port spokesman said.The law, formally known as AB5, would make it harder for businesses that rely on freelance workers, also known as gig workers…

Independent truckers protesting California's new "gig worker" law blockaded California's third-busiest seaport for the third straight day on Friday, delaying shipments at the state's top agricultural export hub and adding to U.S. supply chain headaches.Truck gates at all four Port of Oakland marine terminals remain closed to truck traffic on Friday. Oakland International Container Terminal (OICT), which handles about 70% of port cargo, restarted some work on ships, a port spokesperson said.Oakland port truckers began actions against the law formally known as AB5 on Monday.

Protesting truckers stopped traffic on Wednesday at a Northern California port, one of the busiest in the United States, as they demonstrated against a new state labor law that makes it harder for independent truckers to operate.Drivers picketed gates and blocked other truckers from hauling cargo in and out of the port. The protests in Oakland began on Monday and have grown larger and more disruptive with each passing day.Late on Wednesday, Port of Oakland Executive Director Danny…

Secretary of the Navy Carlos Del Toro announced that a future John Lewis-class replenishment oiler (T-AO) ship will be named USNS Ruth Bader Ginsburg to honor the former Supreme Court Justice and women’s rights activist.The future USNS Ruth Bader Ginsburg (T-AO 212) will be the first U.S. Navy ship to bear her name.“As we close out women’s history month, it is my absolute honor to name the next T-AO after the Honorable Ruth Bader Ginsburg. She is a historic figure who vigorously advocated for women’s rights and gender equality,” said Del Toro.

A U.S. appeals court on Thursday said workers who use cranes attached to boats to load equipment onto offshore oil rigs are not "seamen" exempt from overtime pay under federal wage law, reviving a collective action against liftboat operator All Coast LLC.The full 5th U.S. Circuit Court of Appeals voted 15-2 to deny en banc review to All Coast and reinstated a three-judge panel's unanimous February ruling that said the workers were engaged in industrial activities that had no bearing…

A federal appeals court late on Friday reversed course and let stand a lower court order prohibiting the U.S. Centers for Disease Control and Prevention (CDC) from enforcing coronavirus-related cruise ship rules in Florida.The decision is a win for Florida that had filed a lawsuit arguing the CDC curbs made it tough for the cruise industry to recover from the pandemic.The 11th Circuit Court of Appeals in Atlanta had only on Saturday voted 2-1 to block the lower court decision.But in its latest brief statement…

In 1875, the General Moultrie was the first suction dredge built in the United States and was used in the Charleston River — until it sank within a year. During the same era, the city of Houston and other port towns formed companies like the Buffalo Bayou Ship Channel Company to build special-purpose vessels to clear and connect waterways for commercial vessel traffic. Toward the end of the 19th century, the cutter suction dredge made its appearance and effectively dug and maintained water channels.

The U.S.

Farmers and fishermen in western India have welcomed a U.S. Supreme Court decision to hear their lawsuit against a World Bank agency, which financed a power plant they blame for damaging the environment and their livelihoods.The U.S. Supreme Court on Monday agreed to hear an appeal by the villagers of a lower court ruling that the International Finance Corp (IFC) was immune from such lawsuits under federal law.The court must now consider for the first time whether international organisations are immune from such suits under federal law…

The U.S. Supreme Court ruled on Friday that companies can recover profits lost because of the unauthorized use of their patented technology abroad in a victory for Schlumberger NV, the world's largest oilfield services provider.The 7-2 decision overturned a lower court's ruling that had enforced limits on applying U.S. patent law overseas and reduced by $93.4 million the damages sum that rival ION Geophysical Corp had to pay for infringing Schlumberger technology that helps find oil and gas beneath the ocean floor.

Traditionally, tugs and towboats (hereinafter tugs) have largely been uninspected vessels of the United States. They were subject to basic examinations by the U.S. Coast Guard, but the standards were little higher than those applicable to recreational craft. These tugs were also subject to examination by the Occupational Safety and Health Administration (OSHA). The OSHA examinations were rare, but when they took place any violations found could be costly. After one of the OSHA penalty cases was litigated all the way to the U.S.

A top draw for some of the hundreds of thousands of visitors to New England's weekend Sailfest was surely the Freedom Schooner Amistad, replica of the United States' most famous slavery vessel, even as many were unaware of the suspense behind its eventual appearance at the annual tall ships gathering. The original Amistad was the setting for an 1839 mutiny aboard the Spanish slave ship bound for Cuba with 53 kidnapped Africans who were held in a small New Haven, Connecticut jail for a year before President John Quincy Adams convinced the U.S. Supreme Court to release them.

A U.S. The decision by U.S. District Judge Carl Barbier in New Orleans means BP could still face close to $18 billion of penalties for violating the federal Clean Water Act. It marks the latest setback in BP's effort to curb costs from the April 20, 2010, explosion of the Deepwater Horizon rig, which led to 11 deaths and the largest U.S. offshore oil spill. The trial is expected to resume in January. Barbier had on Sept. 4 ruled that BP committed gross negligence and was 67 percent at fault for the spill. The gross negligence finding roughly quadrupled the maximum civil penalty that BP could face under the Clean Water Act. BP later argued that this ruling relied on inadmissible testimony from an expert for Halliburton Co, which provided cementing work at the spill site.

We have had a great first couple of months at the Dredging Contractors of America. As the new CEO and Executive Director, I have begun to visit the companies, their facilities and associated dredging projects. So far, I have surveyed the beach re-nourishment project in Ocean City, Md. undertaken by Great Lakes Dredge and Dock. I’ve canvassed Weeks Marine’s repair and yard facility in Jersey City, N.J. In the last week of February, I visited Mike Hooks Inc.’s corporate headquarters and boatbuilding and repair yard in West Lake, La.

Whether voluntarily or as required by the International Safety Management Code, the American Waterways Operators’ (AWO) Responsible Carrier Program, or some other rule or regulation, investigations of accidents and near-miss situations are routinely conducted by companies in the maritime industry. This is due to the widespread recognition that careful examination of the root causes of such incidents can help to prevent future occurrences. Faulty procedures, defective equipment, and inadequate training can all be identified in the investigation exercise.