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Category Archives: Marine Services

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Water Challenge Winner Has Big Idea for Estuary Restoration

Posted in Marine Services

On March 24, four local entrepreneurs competed in New Orleans’ 2014 Water Challenge, sponsored by King Krebs & Jurgens in partnership with The Idea Village and the Greater New Orleans Foundation. Now in its fourth year, this award-winning program identifies and supports entrepreneurial solutions that apply innovative approaches to how we live with and manage water… Continue Reading

11th Circuit Approves Pro Rata Apportionment to Plaintiff and Intervenors of Attachment Costs

Posted in Marine Services, Maritime Contracts, Ports & Cargo Shipping

In the unpublished opinion of  Adams Offshore, Ltd. v. Blake Marine Group, No. 11-12753 (11th Cir. Apr. 27, 2012), the Eleventh Circuit Court of Appeals adopted the Fifth Circuit’s suggestion in Beauregard, Inc. v. Sword Servs., L.L.C., 107 F.3d 351, 353 n. 8 (5th Cir. 1997), and affirmed the district court’s allocation of costs to… Continue Reading

What’s done cannot be undone: The perils of e-mail confirmations of payments for vessel necessaries

Posted in Marine Services, Maritime Contracts, Ports & Cargo Shipping

Most contracts for the sale of goods and services contain a standard provision regarding the application of payments on overdue accounts, such as:  “When more than one invoice is past due at the same time, Seller shall be entitled, at its sole discretion, to specify the particular invoice to which any subsequent payment shall be… Continue Reading

If in Doubt, File the Complaint for Limitation of Liability

Posted in Jones Act, Marine Services, Maritime Contracts, Ports & Cargo Shipping

One of the recurring issues in handling maritime wrongful death and personal injury claims is determining what information is sufficient to start the vessel owner’s six-month deadline to file a complaint seeking exoneration or limitation of liability under the Shipowners’ Limitation of Liability Act, 46 U.S.C. § 30501 et seq. from that claim.  It is… Continue Reading

Costa Concordia – Lessons Learned and Path Forward

Posted in Marine Services, Maritime Contracts, Ports & Cargo Shipping

When the Costa Concordia ran aground on a reef off Giglio Island near the Tuscan coast of Italy last month, owners and insurers of vessels certainly paid attention.  How could they not?  The incident was the most noteworthy shipping casualty since the Exxon Valdez disaster, and it is now being called the biggest ever shipping… Continue Reading

When No Privity of Contract Qualifies as “Any Contractual Relationship” under OPA

Posted in Marine Services, Maritime Contracts

Transactions to procure supplies for vessels engaged in international trade typically involve numerous international and local brokers, agents and contractors.  The vessel operator or charterer will place an order for supplies with a broker.  The broker locates a seller with the best price and reputation in the vicinity of the vessel.  The seller makes arrangements… Continue Reading

A Checklist: What to Expect When Financing Vessel Construction

Posted in Marine Services, Maritime Contracts, Ports & Cargo Shipping

When seeking construction financing for a proposed newbuilding, shipowners should understand and be prepared to address the particular concerns that lenders have in assessing risk and documenting vessel construction projects. When deciding whether to approve a construction financing loan, lenders focus on certain key factors: Does the shipyard have the requisite experience, manpower and financial… Continue Reading

Supreme Court Extends the Scope of the Outer Continental Shelf Lands Act Landward

Posted in Marine Services, Maritime Contracts, Offshore Oil, Ports & Cargo Shipping

The United States Supreme Court, in Pacific Operators Offshore, LLP v. Valladolid, concluded that the widow of an employee who suffered fatal injuries on shore may still recover LHWCA benefits pursuant to OCSLA if her husband’s death had a “substantial nexus” to his employer’s oil and gas operations on the OCS.  This is an unexpected… Continue Reading

U.S. Fifth Circuit Clarifies the Role of the Collateral Source Rule with a Seaman’s Recovery of Cure

Posted in Jones Act, Marine Services, Ports & Cargo Shipping

A recurring issue in personal injury litigation is the amount of medical expenses a plaintiff is entitled to recover from the defendant.  The health care providers charge or bill the plaintiff for the treatment provided, but typically accept as payment in full significantly less from health insurers or the government.  The health insurers or government… Continue Reading

EPA links hydraulic fracturing with groundwater contamination

Posted in Energy, Hydraulic Fracturing, Marine Services

Last month, I looked at the EPA’s November 2011 plan to study the potential impacts of hydraulic fracturing on drinking water resources and the implications of that plan for oil and gas producers. A new draft report issued by the EPA may be an early indicator that the EPA will, indeed, find that hydraulic fracturing… Continue Reading

Fifth Circuit Focuses on Manning Requirements and Charter Arrangements for Foreign Floating Rigs

Posted in Marine Services, Offshore Oil

The U.S. Fifth Circuit, in Brown v. Offshore Specialty Fabricators, Inc., No. 10-40936 (Nov. 23, 2011), recently addressed the confluence of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), the Outer Continental Shelf Lands Act (“OCSLA”), the Immigration and Nationality Act (“INA”), and “foreign control” exemptions from the OCSLA manning requirements that had been issued… Continue Reading

Coast Guard to Review Jones Act Vessel Citizenship Requirements

Posted in Jones Act, Marine Services

In an action that may signal future changes to vessel documentation requirements for publicly traded companies, the U.S. Coast Guard published a Notice in the Federal Register November 3 seeking comments on mechanisms currently employed by such companies in order to assure compliance with U.S. citizenship requirements. At least 75% of the stock or other… Continue Reading

EPA proposes new vessel general permits–let the games begin.

Posted in Energy, Marine Services, Maritime Contracts, Ports & Cargo Shipping

The EPA issued drafts of two vessel general permits seeking to regulate discharge from commercial vessels (military and recreational vessels are excluded) on November 30. The draft permits – (1) Vessel General Permit for Discharges Incidental to The Normal Operation of Vessels (VGP) and (2) Small Vessel General Permit for Discharges Incidental to The Normal… Continue Reading