New York-based Maritime Attorneys

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Recent Decisions and Events

Six-Month Deadline to File Limitation Proceeding Not Triggered by Workers' Compensation Claim

Right of owner and bareboat charterer of barge to seek exoneration from or limitation of liability pursuant to the U.S. Limitation of Liability Act of 1851 upheld despite application of New York State workers' compensation claim nearly two years before limitation proceeding was commenced. A copy of the Northern District of New York's decision can be read here.

Right of NVOCC to Rely On COGSA Package Limitation Defense Upheld Despite Allegations of Criminal Theft and Non-Issuance of Bill of Lading

The firm prevailed on an appeal before the Second Circuit which upheld a grant of summary judgment in favor of a NVOCC, finding that the COGSA package limitation defense applied even where no bill of lading had actually been issued and the shipper had alleged that the NVOCC itself was involved in the theft of the goods. A copy of the Second Circuit's decision can be read here.

No Requirement to “Approve” Nomination of Vessel

The firm recently obtained a final arbitration award in favor of a disponent owner against a charterer arising out of the cancellation of a charter, where the charterer had asserted that there was no charter since it had not “approved” a vessel nomination that met the charter party specifications. A copy of the final award can be read here.

Enforcement of Ferry Forum Selection Clause

We succeeded in obtaining dismissal of a plaintiff's suit against a California-based ferry boat owner and operator, on the grounds that the court lacked personal jurisdiction. Click here for a copy of the decision.

Successful Challenge of Fiber Optic Loss of Use Claim

The firm successfully defended a sub-contractor against million dollar claims brought by several communications companies to recover for underground utilities which were allegedly damaged during a construction project, including a substantial claim for loss of use of fiber optic transmission systems, reaching a settlement on very favorable terms with contributions by the owner and other contractors involved in the project.

Favorable Settlement Reached in Deckhand’s Personal Injury Claim

We settled a Jones Act claim brought by a deckhand against his employer on favorable terms following a mediation, on the strength of credibility issues our investigation uncovered with respect to the plaintiff's claim and our expert doctor's report concluding that the plaintiff had already reached maximum medical cure.

Full Recovery After Bench Trial For Tanker in Allision with Tug and Barge

The firm obtained a full recovery, including substantial lost profits, for the owners of a tanker against a tug and barge which allided with the tanker in New Jersey while unmooring from a terminal. The case was tried for three days before the Honorable Loretta A. Preska and a copy of the decision can be read here.

Attachment Vacated Due to Contacts within the District

We successfully vacated a maritime attachment on the basis that the defendant could be found within the district through its contacts within New York, and alternatively on the grounds that the defendant was amenable to suit in the Eastern District of New York. The court's decision is linked here.

Vessel Owner’s Duties to Longshoreman Over Opening on Deck Clarified

The firm succeeded in obtaining partial summary judgment on behalf of a vessel owner against a longshoreman who had claimed to have fallen into an open man-hole opening. The court held that as a matter of law the owner had no active control over the longshoreman and no duty to intervene, but held that a jury must decide whether the owner had met its duty to turn the vessel over to the longshoreman in a reasonably safe condition, since there were questions of fact as to whether or not the man-hole opening was an open and obvious hazard. Click here to read the decision.

Defense Verdict Obtained in Jones Act Bench Trial

After a three day bench trial the firm obtained a complete defense verdict in a Jones Act claim brought by a bargeman against a third-party tug operator. Click here for a transcript of the decision. We also successfully defended the case on appeal to the Second Circuit.

Challenge to Attachment Defeated – Indemnity Claim Found to be Ripe

The firm successfully defended against a motion to vacate a maritime attachment on the grounds that the plaintiff's indemnity claims under the charter party were unripe under English law, on the strength of the fact that the plaintiff had been required to provide a bank guarantee on behalf of the defendant charterer. A copy of the decision can be read here.

Successful Defense of Bad Faith and Wrongful Attachment Counterclaims

We defended a plaintiff against counterclaims of bad faith and wrongful attachment brought by the alleged alter egos of a defendant whose assets had been the subject of a maritime attachment. Click here to read the court's decision.

Articles

Supreme Court Issues Ruling on the Patentability of the Human Genome - July 2013

Koehler Update and Proposed Legislation to Overturn the “Separate Entity Rule” - May 2013

Discovery In Aid of Foreign Proceedings - June 2012

Is a Charterer's Interest in the Use of a Vessel Attachable Property Under Rule B? - April 2012

The Benefits of Taking Part in USCG Investigations - published in North of England P&I Association Limited's Signals Newsletter, Issue 85, October 2011, page 5

USCG Marine Casualty Investigations and the Role of the “Party in Interest” - August 2011

CISADA - One Year Later - Presentation given in Europe in May 2011

Overview of Iranian Trade Sanctions - Presentation given in London in October 2010

Loss of Use Damages Under U.S. Maritime Law – A Primer - June 2010

Pre-Judgment Attachments Under New York State Law - May 2010

Recognition and Enforcement of Foreign Country Judgments - May 2010

Piracy Update - Presentation given in London in 2009

The Rotterdam Rules - Presentation given in London in 2009

Developments in Rule B Maritime Attachments - Presentation given in London in 2009

Preservation of Evidence / The Risk of Spoliation - Presentation given in London in 2008

Overview of United States Coast Guard Investigatory Powers and the Rights and Obligations of Vessel Owners - Presentation given in London in 2008