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
Practice
Co-Chair
John
Levy
Practice
Co-Chair
Tim
Bergère
Partner
Partner
Fred
Kuffler
Partner
Gene O'Connor
Partner
Tim Semenoro
Partner
Steve Vengrow
Partner
Matteo Bonuzzi
Of Counsel
Wook
Chung
Of Counsel
Davis Lee Wright
Of Counsel
Cora
Caver
Associate
Eric
Chang
Associate
Ethan Hougah
Associate
Kaspar Kielland
Associate
Bobby O'Connor
Associate
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