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Documents on admiralty maritime law
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|A New Compulsory Insurance Scheme for Vessels Carrying Passengers|
Nils Goeteyn, Robin Squires; Borden Ladner Gervais LLP;
January 30, 2017, previously published on January 17, 2017Right before the holidays, on December 24, 2016, the Government of Canada gave notice under Part 1 of the Canada Gazette of new proposed regulations dealing with compulsory insurance of passenger vessels under the Canadian Marine Liability Act. The Regulations respecting compulsory insurance for...
|Claim under the Carmack Amendment is Viable against Broker Even When Broker Does Not Actually Carry the Cargo.|
Lori J. Quinn; Marshall Dennehey Warner Coleman & Goggin, P.C.;
January 24, 2017, previously published on January 3, 2017This matter involved a subrogation action brought by insurers of Sharp Electronics against Wheels MSM and Tiger Express. Mitsui alleged that its insured engaged Wheels and Tiger as carriers and that litigation was commenced for property damage under the Carmack Amendment. Wheels moved for summary...
|The Maritime Collateral Source Rule's Application to Claims of LHWCA Workers Against Third Parties|
Katie Cordes Darden; Jones Walker LLP;
January 23, 2017, previously published on January 9, 2017In dePerrodil v. Bozovic Marine, Inc., C.A. 16-30009, 2016 WL 6810728 (5th Cir. Nov. 17, 2016), in a case of first impression, the United States Court of Appeals for the Fifth Circuit was faced with the question of whether a Longshore and Harbor Workers' Compensation Act employee may recover...
|Fifth Circuit Addressed Duties Owed by Vessel Owner to Longshoreman Performing Risky Work in Hazardous Conditions|
Hansford P. Wogan; Jones Walker LLP;
January 23, 2017, previously published on January 9, 2017The Fifth Circuit Court of Appeals recently upheld the granting of summary judgment in favor of a defendant vessel owner on the grounds that the longshoreman working aboard the defendant's vessel could not establish that the defendant breached a duty owed to him. In doing so, the Fifth Circuit...
|The Impact of CETA on the Coasting Trade Regime in Canada: Brief Analysis of Bill C-30|
Nils Goeteyn, Peter G. Pamel; Borden Ladner Gervais LLP;
January 11, 2017, previously published on December 21, 2016On October 31, 2016, one day after the Comprehensive Economic and Trade Agreement ("CETA") with Europe was signed, the Canadian government introduced Bill C-30 for first reading in the House of Commons in Parliament. The Bill, which is intended to implement CETA into Canadian legislation...
|Regulations and Amendments Introduced for the Maritime Industry|
Juan Jose Espino S.; Pardini & Asociados;
November 2, 2016, previously published by The following amendments have been introduced by the Board of Directors of the Republic of Panama Maritime AuthorityAmendment to fines and sanctions to companies providing ancillary services in the maritime industry.
|Make Your Listing Agreement Bullet-Proof: Five Important Clauses to Help Avoid or Control Litigation|
Robert J. Alwine, Umberto Bonavita; Robert Allen Law;
October 28, 2016, previously published by FYBA, Compass Magazine. Oct/Nov. 2016Every yacht broker should have a carefully written Listing Agreement to help avoid a lawsuit. If a lawsuit is unavoidable, the article discusses 5 important causes that should be included in every Listing Agreement to help control the outcome.
|District Court Denies Physical Supplier Maritime Lien in First Post-Trial Decision in the United States Arising Out of OW Bunker Collapse|
William C. Baldwin; Jones Walker LLP;
October 19, 2016, previously published on October 11, 2016On September 28, 2016, following a bench trial, the United States District Court for the Southern District of Alabama issued a decision on the competing maritime liens of a physical supplier and the purported assignee of a fuel trader arising out of a single fuel supply to a pipelay vessel in...
|Pretrial Investigative Files and the Work-Product Doctrine|
Christopher K. Ulfers; Jones Walker LLP;
October 19, 2016, previously published on October 11, 2016The idea that certain documents, materials, and communications are privileged from discovery is well-known. Indeed, under Rule 26 of the Federal Rules of Civil Procedure, for example, documents and materials prepared by or for an attorney in anticipation of litigation are privileged and are thus...
|Root Cause Analyses: When Safety and Legal Concerns Collide|
Matthew S. Lejeune; Jones Walker LLP;
October 19, 2016, previously published on October 11, 2016A primary component of many safety management systems is a root cause analysis (RCA). Following incidents and near misses, factual investigations are conducted. The findings of the investigation, as well as an analysis of the cause of the incident, are documented in an RCA. The RCA also typically...