Montgomery McCracken Maritime and Transportation Alert Fall 2017

FALL 2017 ISSUE

LEGAL ISSUES

Jurisdiction Clauses Are Enforced

By Vincent M. DeOrchis

U.S. District Court in New York considers a motion for forum non conveniens based on the jurisdiction clause in the contract of carriage.

Court Finds That P&I Club Member Must Play by the Rules

By Peter Tonge

The U.S. District Court for the Southern District of New York upheld a decision made by the Board of Directors of a mutual P&I Club (The American Club) as a valid and binding Alternative Dispute Resolution (ADR) decision.

Jurisdiction 101 in a Maritime Casualty Case Brought in the U.S.

By John J. Levy

In a case involving the fire aboard the RO-RO

M/V COURAGE, the U.S. District Court in New York considered a motion to dismiss claims against a U.S. government contractor for lack of personal jurisdiction, improper venue, and forum non conveniens .

Moldy Corn and Wrongful Arrest: The Potential Costs of Sloppy Paperwork

By Kaspar Kielland

The U.S. District Court in Louisiana vacates the arrest and attachment of a vessel due to mis-reliance on a charter party contract.

DAMAGES

Punitive Damages Ahoy!

By Alfred J. Kuffler

The Supreme Court of the State of Washington determines that punitive damages can be awarded in connection with an unseaworthiness claim.

The Shipping Act Bars Clayton Antitrust Act Relief

By Eric Chang

Third Circuit affirms Shipping Act immunity and preemption of federal and state antitrust claims.

ENVIRONMENTAL

Sole Third-Party Fault and Limitation of Liability Defenses Under the Oil Pollution Act of 1990 Clarified

By Eugene J. O'Connor

On November 7, 2017, the U.S. Court of Appeals for the Fifth Circuit handed down a decision in which it clarified when certain complete and partial defenses could be available to a Responsible Party who causes an oil spill.

Recovery of Purely Economic Damages From Third Parties for an Oil Spill

By Robert E. O'Connor

A Responsible Party may seek contribution for purely economic damages from third parties who were partially at fault for an oil spill.

CONTRACTS

The Definition of 'Merchant' in the Era of Blockchain Technology

By Wook Chung

As blockchain technology is now applied in the shipping transaction, what will be the effect on Bill of lading terms? This article considers the potential impact on the term "Merchant."

Charter Party "No Lien" Clause Enforced

By Timothy Semenoro

New York federal district court enforces charter party "no lien" clause in dismissing vessel manager's claims for unpaid services.

Poorly Written Choice of Law Clause Causes a Dilemma

By Vincent M. DeOrchis

District Court in Washington State is faced with confusing choice of law provision; whereas, an arbitration panel might have conceived a more straightforward solution.

Arbitration Clause Narrowly Construed

By Eugene J. O'Connor

In a recent decision, the U.S. District Court in New York had occasion yet again to determine the scope of an arbitration clause in a voyage charter party.

THE EDITOR

Timothy Semenoro , partner and member of the firm's Maritime and Transportation practice group serves as the editor of this publication.

THE MARITIME & TRANSPORTATION TEAM

Vince DeOrchis

Practice

Co-Chair

John
Levy

Practice

Co-Chair

Tim
Bergère

Partner

Joe
Donegan

Partner

Partner

Partner

Partner

Partner

Of Counsel

Wook
Chung

Of Counsel

Of Counsel

Associate

Associate

Associate

Associate

Associate

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