Salvaging Federal Admiralty Jurisdiction: The Eleventh Circuit Advances a Modern Test for Waterway Navigability in Aqua Log, Inc. v. Lost & Abandoned Pre-Cut Logs & Rafts of Logs

A market for submerged logs has surfaced as a result of sunken timber’s suitability for specialized purposes. Aqua Log, Inc., a company that finds and sells such timber, discovered sunken logs in two Georgia waterways: the Flint River and its tributary Spring Creek. Aqua Log used the waterways to transport three logs that it initially […]

Strong Headwinds: Statutes, Responsibility-Shifting, and Public Policy Continue to Frustrate Indemnity Agreements in the Offshore Oil and Gas Industry

Indemnity clauses are a routine feature of modern contracts. Yet, they represent one of the foremost challenges facing maritime practitioners. In particular, practitioners drafting and litigating contracts for clients in the offshore oil and gas industry must navigate unique statutory, financial responsibility, and public policy hurdles to enforce indemnity provisions. Despite considerable literature discussing the […]

Cross-Border Insolvency in the Maritime Context: The United States’ Territorialism vs. Singapore’s Territorialism

Cross-border insolvencies may not have been familiar to the maritime industry a decade ago, but unfortunately for many international shipping companies, they have become increasingly commonplace in recent years. As a result of the worldwide decline in demand for goods, rising oil prices, and an oversupply of oceangoing vessels, marine transportation companies, such as Overseas […]

Novel Charters: Considering a New Approach to Protect Injured Third Parties Against Insolvent Charterers

Parties in the shipping industry have engaged in charter arrangements for centuries. Charter arrangements allow the parties to allocate the risks and costs of engaging in business by creating agreements that fit their particular needs. While parties’ liability to each other in traditional maritime charters is well established, parties may enter into nontraditional charter agreements […]

Situs Unraveled: Evaluating Methods for Determining Whether an Injury Site Qualifies as an LHWCA § 903(a) “Other Adjoining Area”

In order for injured workers to be eligible for compensation under the Longshore and Harbor Workers’ Compensation Act (LHWCA or Act), two general requirements–“situs” and “status”–must be satisfied. Fulfilling the elements of these requirements, however, is not always an easy task. In the four decades following the United States Congress’s passage of the 1972 Amendments […]

The Changing Contours of Maintenance and Cure

Litigation concerning the seafarer’s right to maintenance and cure was initially robust in the early to middle part of the twentieth century, but declined considerably for some time as more lucrative remedies under the Jones Act and for breach of the warranty of seaworthiness developed. Between 1975 and 2010, a span of thirty-five years, the […]