Pleading Insanity in Piercing the Corporate Veil: Supplemental Rule E’s Heightened Pleading Standard Protects Polluting Shipowners in the Fourth Circuit

In 2005, Vitol, S.A., obtained a $6.1 million judgment from the English High Court of Justice, Queen’s Bench Division, Commercial Court, against Capri Marine, Ltd., stemming from breached warranties of seaworthiness that caused an oil spill from the ALAMBRA, an oil tanker, in an Estonian port in September 2000.Vitol filed suit to attach the vessel […]

International Recent Developments: United Kingdom

Cash flow is vital for the orderly administration of the carriage of goods. Therefore, a charterer’s failure to pay hire in accordance with the terms of the charterparty is clearly a breach of contract entitling an owner to claim damages and/or suspend the services or even withdraw the vessel. In 2013, there have been a number […]

International Recent Developments: New Zealand

Recent developments in New Zealand’s maritime law have centered on the RENA disaster of October 5, 2011, and on the current government’s strategy of driving economic growth through exploitation of the country’s marine natural resources. This has resulted in a considerable amount of legislative activity from the New Zealand Parliament, complemented by a small number […]

International Recent Developments: Denmark

In 2010, the general rules of the Act on Safety at Sea (Safety at Sea Act), which divide the responsibilities regarding safety at sea between the shipowner, master, etc., were amended. Previously, section 9 of the Safety at Sea Act only placed responsibility on the shipowner for ensuring that faults and defects that the shipowner […]

The Cruise Passenger’s Rights and Remedies 2014: The Costa Concordia Disaster: One Year Later, Many More Incidents Both On Board Megaships and During Risky Shore Excursions

While a cruise vacation may very well be the best travel value available, consumers should be aware that a cruise line’s duties and liabilities are governed not by modern, consumer-oriented common and statutory law, but by nineteenth-century legal principles, the purpose being to insulate these companies from legitimate passenger claims. … For example, if CLIA […]

The New Removal Regime

This Essay will focus on (1) changes to the statutes governing removal of lawsuits by the “Federal Courts Jurisdiction and Venue Clarification Act of 2011” (Clarification Act)and (2) how those changes have been interpreted by courts within the United States Court of Appeals for the Fifth Circuit’s jurisdiction. The Clarification Act makes removal of maritime […]