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The Maritime and Transportation Alert is a quarterly publication providing information on important news and developments within the industry as well as within the firm. 

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

Montgomery McCracken Attorneys Lead Greek Ship Owners to Victory in 2004 Oil Spill Litigation

Following an 8-week trial in the U.S. District Court for the Eastern District of Pennsylvania, Montgomery McCracken partners, John J. Levy, Alfred J. Kuffler, Eugene O'Connor, Timothy J. Bergère and Tricia J. Sadd, won a $71.5 million judgment against CITGO Asphalt Refining Co. and related companies in connection with a 2004 oil spill in the Port of Philadelphia. The firm represented the Frescati Shipping Co., Ltd. and Tsakos Shipping & Trading, S.A., the Greek owners and operators of the M/V Athos I, a tanker chartered by CITGO to transport oil from CITGO facilities in Venezuela to a CITGO asphalt refinery in Paulsboro, NJ, across from the Philadelphia airport. 

The Montgomery McCracken trial team also included Melanie A. Leney, a senior associate in the firm's Maritime and Transportation Practice Group, who worked on all aspects of the case, David F. Herman, an associate in the litigation department who assisted the presentation of evidence on damages, and Pamela Theisen, a senior paralegal who helped prepare witnesses, manage the exhibits for every witness who testified or was cross-examined, and expertly choreographed the electronic exhibits and evidence presented at trial. Read More
Montgomery McCracken Maritime Trainee Program
We are pleased to introduce our current student trainee, Marta Kazmierska. Marta is from Warsaw, Poland. She obtained a bachelor degree in Law and Political Science from Universit é  Nice Sophia Antipolis in France. After, she studied at Universiteit Gent in Belgium, as an exchange student, continuing her education in various aspects of European public and private law. Marta also holds an L.L.M. degree in Maritime and Transport Law from Erasmus School of Law in Rotterdam, Netherlands. Marta will be with the firm in the New York office for seven months.
11th Annual International Maritime Law Seminar

The 11th Annual International Maritime Law Seminar will be held in London on October 27, 2016. The half-day seminar "Recent Development in Maritime Law Around the World" will feature 15 speakers from 14 different countries, addressing recent developments in maritime and transport law within their respective jurisdictions.

Click here for more information.
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Maritime and Transportation Alert
Summer 2016 
When multiple parties seek the attachment of the same cargo via both federal and state courts, the first to serve proper paper wins
By Alfred J. Kuffler
The U.S. District Court for the Eastern District of Louisiana recently untangled the attachment of a cargo of pig iron by several different parties using, respectively and sometimes concurrently, a federal and a state court.  
The M/V MSC FLAMINIA - Foreign officer estate claims against the vessel interests dismissed
By Timothy Semenoro
In this ongoing matter, the District Court for the Southern District of New York considered the claims of the estate of the Chief Officer under the Jones Act, Death On the High Seas Act ("DOHSA"), nor the General Maritime Law of the United States.  View Full Article
Post-Daimler, Courts are split on when foreign and domestic corporate defendants are subject to general in personam jurisdiction
By Albert L. Piccerilli and Cora A. Dayon
(Albert L. Piccerilli and Cora A. Dayon are members of Montgomery McCracken's Litigation Department. Al is also a member of the firm's Product Liability, Toxic Torts and Catastrophic Events practice group. )
Following the decision by the U.S. Supreme Court in Daimler AG v. Bauman, Courts continue to wrestle with how to reconcile both past and present principles on general in personam jurisdiction of foreign and domestic corporate parties.  View Full Article
No Sympathy for Spoiled Melons - Service Contract Terms Upheld
By Vincent M. DeOrchis
U.S. District Court for the Southern District of New York upholds the express terms of a Service Contract between sophisticated parties and prohibits the use of parol evidence.   View Full Article
U.S. Bankruptcy Court Finds Performance Under Maritime Service Contract Excused Where Carrier Discontinues Voyages
By Davis Lee Wright
U.S. Bankruptcy Court for the Southern District of New York provides recommendation to District Court on a summary judgment motion against an ocean carrier, who discontinued voyages under a service contract.  View Full Article
OCSLA Choice of Law is Not Waivable, and Maritime Law Not Applicable to Oil and Gas Exploration/Production Activities on the Outer Continential Shelf
By Melanie A. Leney
Fifth Circuit U.S. Court of Appeals considered a choice of law provision and the applicability of general maritime law in the context of the Outer Continental Shelf Lands Act (OCSLA).   View Full Article
Southern District Finds "Separate Entity Rule" No Obstacle to Foreign Arbitration Awards Against Bank Guarantor
By Ethan Hougah
District Court for the Southern District of New York considered the application of New York State's "Separate Entity Rule" in the context of an action to enforce foreign arbitration awards against a bank.  View Full Article
Foreign Filmmaker Subpoenaed at Film Festival "directed" by the Court to Comply
By Kaspar Kielland
U.S. District Court for the Southern District of New York enforces a subpoena for documents from, and a deposition of, a foreign, non-party, who was properly served in the United States.  View Full Article
Inventive Allegations of Racketerring on the Rise in Maritime Context
By Eric Chang
New York Federal District Court considers allegations by a plaintiff shipper that a carrier was guilty of violating the U.S. Racketeering Influenced and Corrupt Organizations Act.  View Full Article
U.S. Bankruptcy Court Relies on International Comity to Invalidate Rule B Attachments
By Davis Lee Wright
U.S. Bankruptcy Court for the Southern District of New York considers a motion to vacate maritime Rule B attachments of a vessel in light of Chapter 15 of the U.S. Bankruptcy Code, and then rules on a subsequent application for a stay.  View Full Article 
A Carrier's Lien on Cargo Already Delivered is Extended to Cargo Subsequently in Carrier's Possession
By Alfred J. Kuffler
Third Circuit Court of Appeals extends the carrier's lien right for unpaid freight on a prior cargo to a subsequent cargo from the same shipper.   
Typical on deck stowage case poses some interesting questions
By Vincent M. DeOrchis
A U.S. District Court in Alabama considers a claim for damage to cargo stowed on deck.   View Full Article
Meet the Group
Our maritime and transportation team offers clients 24/7 service and is available via phone or email anytime.  In the event of an incident or emergency, please contact any member of the team.  
Vincent DeOrchis Practice Co-Chair

Levy Practice Co-Chair

Tim Bergère Partner

Kuffler Partner
Gene O'Connor Partner

Tricia Sadd Partner
Timothy Semenoro Partner

Steve Vengrow Partner

Davis Lee Wright Partner

Matteo Bonuzzi Of Counsel

Ethan Hougah Associate

Kaspar Kielland Associate

Melanie Leney Associate

Robert O'Connor Associate

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This publication was prepared by Montgomery McCracken's Maritime and Transportation practice. This publication is not legal advice. This document is intended to provide general information only and nothing in it should be acted upon without consulting a licensed attorney. Receipt of this document does not create an attorney-client relationship between the recipient and Montgomery McCracken. Montgomery McCracken is a law firm with more than 120 attorneys providing legal services across a wide range of industries. The firm has offices in Pennsylvania, New York, New Jersey and Delaware. ©2016 Montgomery McCracken Walker & Rhoads LLP.