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Documents on admiralty maritime law
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|New Reporting Requirements Under the Maritime Liability Act for Shippers and Carriers of Chemically Hazardous Materials|
Jean-Marie Fontaine, Nils Goeteyn; Borden Ladner Gervais LLP;
July 22, 2016, previously published on July 7, 2016On June 11, 2016, Transport Canada commenced a round of consultations on the proposed Marine Liability and Information Return Regulations ("Regulations"). These Regulations are intended to replace the existing Marine Liability Regulations1 and are expected to enter into force as of...
|U.S. Customs Aims to Increase Enforcement of the Jones Act|
David A. Baay, Jacob Dweck, Susan G. Lafferty, David M. McCullough, Ronald W. Zdrojeski; Sutherland Asbill & Brennan LLP;
July 20, 2016, previously published on July 20, 2016In what could foretell a significant increase in the enforcement of the coastwise trade provisions of the Jones Act, U.S. Customs and Border Protection (Customs) announced on July 18 the creation of the National Jones Act Division of Enforcement (JADE). The Jones Act’s coastwise trade...
|SOLAS VGM Regulations for Containers Set to Go into Effect July 1|
William C. Baldwin, R. Scott Jenkins; Jones Walker LLP;
July 19, 2016, previously published on June 29, 2016Effective July 1, 2016, a new amendment to Safety of Life at Sea (SOLAS) regulations will require the declaration of the Verified Gross Mass (VGM) of a packed container before the container can be loaded onto a vessel to which SOLAS applies. The incorrect declaration of cargo weight can lead to...
|Canada Implements the Solas Container Weight Regulation|
Jean-Marie Fontaine; Borden Ladner Gervais LLP;
June 20, 2016, previously published on June 2, 2016On July 1, 2016, the amendments to the Safety of Life at Sea Convention ("SOLAS"), which requires shippers to provide Verified Gross Mass ("VGM") certificates to ocean carriers, will come into effect. How will this affect Canadian exporters, freight forwarders, terminal...
|Bare Metal Defense Applied Under Maritime Law in Eastern District of PA|
Timothy D. Rau; Marshall Dennehey Warner Coleman & Goggin, P.C.;
June 9, 2016, previously published on June 1, 2016Judge Eduardo Robreno issued an opinion in DeVries v. General Electric Co., 5:13-00474 (E. D. Pa. May 18, 2016), clarifying the basis for his decision granting summary judgment to several defendants by ruling that the bare metal defense applied in asbestos cases to both theories of negligence and...
|Fraud in Yacht Sales|
Christopher J. Anderson, Peggy Garcia; Robert Allen Law;
May 22, 2016, previously published by YBAA Association of Yacht Brokers Yacht Broker News on April 2016The real estate industry has suffered with fraud and identity theft schemes for years, but these scams have now officially arrived in the boating industry. Awareness of the potential for fraud is critical for both listing and selling brokers to protect their clients from potential losses and...
|Revisiting the Availability of Punitive Damages to a Jones Act Seaman Against a Third-Party Non-Employer in the Eastern District of Louisiana|
Stephen H. Clement; Jones Walker LLP;
May 11, 2016, previously published on May 3, 2016In the January edition of this publication, we discussed the opinion in Howard V. Offshore Liftboats, LLC, which dismissed a Jones Act seaman's punitive damages claim against a non-employer third party. 2015 U.S. Dist. LEXIS 157173 (E.D. La. Nov. 19, 2015). Since our last publication, a sister...
|Fifth Circuit Finds that Maritime Law Does Not Apply to Property Damage and Economic Loss Claims Following Rupture of Riser Chain Connected to a Floating Production and Storage Facility|
Matthew S. Lejeune; Jones Walker LLP;
May 11, 2016, previously published on May 3, 2016In Petrobras America, Inc. v. Vicinay Cadenas, S.A., 815 F.3d 211 (5th Cir. 2016), the Fifth Circuit considered whether the general maritime law, or corresponding state law, applied to claims that arose on the Outer Continental Shelf in the context of oil and gas exploration and/or production. This...
|Québec Superior Court Re-Ignites Debate On The Scope Of Maritime Law In Canada|
Nils Goeteyn; Borden Ladner Gervais LLP;
May 10, 2016, previously published on April 21, 2016In a case that raises interesting constitutional questions, the Québec Superior Court recently held that the sale of a bedplate and crankshaft for the use aboard a vessel falls outside of the scope of Canadian Maritime Law. As a result, the professional seller is not entitled to benefit from...
|Jones Act Seaman Status Tested for Shipyard Worker|
Hansford "Ford" P. Wogan; Jones Walker LLP;
March 18, 2016, previously published on March 8, 2016In Jefferson v. Weeks Marine, Inc., et al., C.A. No. 15-240 (E.D. La. 2/3/16), a district court in the Eastern District of Louisiana recently ruled that a land-based yard worker who was injured aboard a barge did not qualify as a seaman under the Jones Act because he failed to satisfy the temporal...