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Documents on admiralty maritime law
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Court Issues Ruling Limiting Access to Federal Courts in Coastal Restoration Lawsuits
Ford P. Wogan; Jones Walker LLP;
February 24, 2015, previously published on December 16, 2014On December 1, 2014, Judge Zainey of the Eastern District of Louisiana issued an Order returning a case involving numerous oil and gas companies back to state court. The Parish of Plaquemines originally filed suit in Louisiana state court on its behalf and on behalf of the State of Louisiana. The...
|The Fifth Circuit Holds That Vessel Based Tankermen Are Not Entitled to Overtime Pay Under The FLSA|
Katie S. Cordes; Jones Walker LLP;
February 23, 2015, previously published on December 16, 2014In Coffin v. Blessey Marine Services, Inc., --F.3d--, 2014 WL 5904734 (5th Cir. Nov. 13, 2014), the United States Court of Appeals for the Fifth Circuit held that vessel-based tankermen are seamen under the Fair Labor Standards Act (“FLSA”) and are, therefore, exempt from the...
|Considerations for the Boat Slip Sales Re-Emergence|
Glenn A. Gerena; Greenberg Traurig, LLP;
February 16, 2015, previously published on December 19, 2014The long dormant boat slip and storage unit sales market is re-emerging after years of dismal sales. Marinas such as Sunset Harbour Yacht Club in Miami Beach, which had long slip sell lists a few years ago, now have waiting lists to buy slips, according to Ginger Hornaday of AquaMarine Global...
|Court Issues Ruling on Phase One of Deepwater Horizon Trial, Finding BP, Transocean and Halliburton at Fault|
William C. Baldwin; Jones Walker LLP;
January 16, 2015, previously published on October 16, 2014On September 4, 2014, Judge Carl Barbier of the United States District Court for the Eastern District of Louisiana issued findings of fact and conclusions of law in the first phase of Transocean's limitation of liability action and the United States' penalty action arising out of the Deepwater...
|New Jones Act Enforcement Initiative|
Jeanne M. Grasso, Dana S. Merkel, Patricia M. O'Neill, Matthew J. Thomas, Jonathan K. Waldron; Blank Rome LLP;
December 19, 2014, previously published on November 2014Action Item: U.S. Customs and Border Protection (“CBP”) issued a Notice to the Area Port of New Orleans Trade Community on November 12, 2014, announcing electronic online reporting of possible Jones Act violations. Owners and operators of vessels engaged in OCS activities are encouraged...
|West Coast Ocean Cargo Congestion: Facts and Remedies|
Carlos Rodriguez; Husch Blackwell LLP;
December 8, 2014, previously published on November 17, 2014All importers and exporters which ship through West Coast ocean ports are by now truly concerned about their cargo being on the shelves in time for sale during the holiday season, and on the export side that their cargo might not reach their buyers any time soon. To add insult to injury, most, if...
|FERC Grants Port Dolphin Energy Additional Time to Construct Onshore Pipeline for Deepwater Port|
Sutherland Asbill Brennan LLP;
November 28, 2014, previously published on November 21, 2014FERC has approved Port Dolphin Energy LLC’s (PDE) request to extend the deadline by which PDE must complete construction to December 31, 2018 and place into service the onshore portion of a pipeline to interconnect with PDE’s proposed Deepwater Port (DWP) terminal offshore of Tampa,...
|UK: Court of Appeal considers application of the doctrine of “fraudulent devices”|
Edwards Wildman Palmer LLP;
November 25, 2014, previously published on November 4, 2014In Versloot Dredging BV v HDI Gerling Industrie Versicherung AG (The DC Merwestone) ( EWCA Civ 1349) the appellant shipowners appealed a decision made on the basis of the fraudulent devices principle discussed obiter in the case of Agapitos v Agnew (The Aegeon) (No.1) ( EWCA Civ 247)...
|Marine Insurance Warranty Upheld|
Bill Amos, Tow Lu Lim, Jenny W. Y. Yu; Mayer Brown JSM;
November 15, 2014, previously published on October 29, 2014A marine insurance dispute that ascends to Hong Kong’s Court of Final Appeal is both a rarity and a matter of international legal interest, given that Hong Kong’s statute is in identical terms to the UK’s seminal Marine Insurance Act 1906. The case in question, Hua Tyan...
|Shipping Insurance and Reinsurance Clauses|
November 12, 2014, previously published by ParrisWhittaker on November 10th, 2014How will the courts interpret shipping insurance clauses, particularly typhoon and storm warranties? The expert maritime and shipping Bahamas lawyers at Parris Whittaker have years of experience advising and representing shipping clients on contracts and insurance.