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Tag Archives: marine vessels

Legal Definition of a Vessel: That Certain Unnamed Gray, Two-Story Vessel Before S.C.O.T.U.S. — Part 2

Posted in Ports & Cargo Shipping

The very question of what makes a structure a “vessel”  under Section 3 of the Rules of Construction Act, 1 U.S.C. §3 is before the United States Supreme Court in City of Riviera Beach v. That Certain Unnamed Gray, Two-Story Vessel Approximately Fifty-Seven Feet in Length, 649 F. 3d 1259 (11th Cir. 2011). In Part… Continue Reading

Legal Definition of a Vessel: That Certain Unnamed Gray, Two-Story Vessel Before S.C.O.T.U.S. — Part 1

Posted in Ports & Cargo Shipping

A feisty dachsund and its owner, Fane Lozman, have stirred up troubled waters regarding the definition of a “vessel” in City of Riviera Beach v. That Certain Unnamed Gray, Two-Story Vessel Approximately Fifty-Seven Feet in Length, 649 F. 3d 1259 (11th Cir. 2011). That case, which is now before the 2012–2013 session of the United… Continue Reading

Oil Spill Case Shows Need to Screen Chartered Vessels & Operators

Posted in Marine Pollution, Maritime Accidents

A judge’s recent decision on where legal liability lies for a maritime accident which released thousands of gallons of oil into the Mississippi River illustrates the benefits of being proactive in vetting operator quality when chartering vessels. The case involved a July 2008 collision near New Orleans between an oil barge and the vessel TINTOMARA…. 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In the unpublished opinion of  Adams Offshore, Ltd.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

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

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

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