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Documents on admiralty maritime law
 

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HTMLSixth Circuit Vacates District Court’s Finding of Replacement Value for Lost Goods under Master Transportation Service Agreement for its Failure to Meet Carmack Amendment Requirement of Shipper’s Consent to Limitation of Liability.
Lori J. Quinn; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 27, 2016, previously published on January 15, 2016
In November 2015, the United States Court of Appeals for the Sixth Circuit remanded a case for further determination by the District Court for the Southern District of Ohio on the issue of carrier liability. The case is somewhat complex in that it involves a broker, a shipper and a carrier. There...

 

HTMLGovernment Resolves Manslaughter Charges Against Rig Supervisors With a Plea to a Single Misdemeanor Violation of the Clean Water Act
Joseph Davis, Michael W. Magner, Avery B. Pardee; Jones Walker LLP;
Legal Alert/Article
January 25, 2016, previously published on January 12, 2016
In the wake of the Deepwater Horizon disaster, federal authorities have shown increasing willingness to use criminal charges to address serious personal injuries and deaths in the offshore setting. The recent dismissal of all remaining felony charges against the two BP well-site leaders onboard the...

 

HTMLJones Act Seamen's Punitive Damages Claims Dismissed Against Non-Employer in Howard V. Offshore LiftBoats LLC, 2015 U.S. Dist. Lexis 157173
Stephen H. Clement; Jones Walker LLP;
Legal Alert/Article
January 25, 2016, previously published on January 12, 2016
Plaintiffs Raymond and Calvin Howard were injured during a personnel-basket transfer from an offshore platform to the deck of a liftboat. At the time of the incident, both plaintiffs were employed by Offshore Liftboats LLC, the owner and operator of the liftboat. The platform was owned and operated...

 

HTMLAllChem Industries Industrial v CMA CGM Florida (Vessel), 2015 FC 558
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 12, 2016, previously published on December 10, 2015
The plaintiffs were the owners and persons interested in cargo on board the vessel "CMA CGM Florida" (the "Florida"). The Florida was involved in a collision at sea and the plaintiffs commenced a proceeding against the freight forwarders and common carriers that had been used to...

 

HTMLATL Trucking Ltd. v Vancouver Fraser Port Authority, 2015 FC 420 ("ATL") and Goodrich Transport Ltd. v Vancouver Fraser Port Authority, 2015 FC 520 ("Goodrich")
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 12, 2016, previously published on December 10, 2015
Goodrich, and the interlocutory decision in ATL, arose from a decision by the Vancouver Fraser Port Authority, also known as Port Metro Vancouver ("PMV"). PMV is a Canadian port authority established and governed by the provisions of the Canada Marine Act, SC 1998, c 10 and Letters Patent...

 

HTMLC.H. Robinson Worldwide v Northbridge Insurance, 2015 ONSC 232
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 12, 2016, previously published on December 10, 2015
This case involved a claim made by a judgment creditor against a carrier's insurer following the loss of a shipment. The applicant, C.H. Robinson Worldwide Inc. ("Robinson"), had contracted with a motor carrier, KLM, to transport a shipment of food products. Pursuant to the contract...

 

HTMLWest Kelowna (District) v Newcomb, 2015 BCCA 5
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 12, 2016, previously published on December 10, 2015
The plaintiff/appellant, the District of West Kelowna (the "District"), had established a bylaw permitting "temporary boat moorage accessory to the use of the immediately abutting upland parcel" in the "Recreational Water Use Zone" (the "Bylaw"). The District...

 

HTMLLF Centennial Pte. Ltd. v TRLU7228664 et al (Containers), 2015 FC 214
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 11, 2016, previously published on December 10, 2015
The plaintiff, LF Centennial PTE Ltd. ("Centennial"), was a Singaporean company that had acted as the buying agent for Mexx Canada Company ("Mexx"). On December 3, 2014, Mexx filed a Notice of Intention to Make a Proposal ("NOI") with the Official Receiver and...

 

HTMLInternational Code for Ships Operating In Polar Waters (The "Polar Code")
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 11, 2016, previously published on December 10, 2015
The IMO's Marine Environment Protection Committee (the "MEPC") adopted the environmental requirements of the Polar Code in May 2015. The MEPC also adopted amendments to the International Convention for the Prevention of Pollution from Ships ("MARPOL"), to which Canada is a...

 

HTMLNairobi International Convention on the Removal of Wrecks
Dionysios Rossi, Graham Walker; Borden Ladner Gervais LLP;
Legal Alert/Article
January 8, 2016, previously published on December 10, 2015
In June 2015, Transport Canada released a discussion paper (the "2015 Discussion Paper") regarding the possible development of a regulatory regime to comprehensively address the hazards associated with shipwrecks, including the potential Canadian adoption of the Nairobi International...

 


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