Presented by the ABA TIPS Admiralty & Maritime Law Committee. Graciously hosted by Liskow & Lewis. Featuring: Bryan J. Kitz — Introductory Remarks Taylor Coley — Brokers and Buyers Beware: Underwriters are Nickel and Dimed by Strict Interpretation of Language in Excess and Umbrella Policies of Offshore Energy Companies Matthew Drenan — The Ninth Circuit Writes an […]
The Fifth Circuit Holds Steady on Reasonable Notice Requirements Under the Limitation of Liability Act in In re RLB Contracting, Inc.
RLB Contracting, Inc. (RLB), owned the JONATHAN KING BOYD, a dredging vessel that was engaged in operations near Anahuac, Texas. In 2011, while on a family fishing trip, the Butler family’s boat collided with the vessel’s floating dredge pipe, violently throwing all occupants from the craft and killing twelve-year-old Sammie Butler. The Butlers filed suit […]
Taxation Without Representation: Nonresident Taxpayers Face Additional Cost of Doing Business in China as a Result of New Provisional Measures
“No taxation without representation!” This battle cry rings in the minds of many who have studied the history of the United States. In order to recoup some of the losses incurred while defending the American colonies during the Seven Years’ War (1756-1763) and the French and Indian War (1754-1763), the British Parliament implemented direct taxation […]
Arrested Development: An Examination of Carriers’ Arrest Defense Under the Carriage of Goods by Sea Act and the Tort of Financial Unseaworthiness
For Thyssenkrupp Materials N.A., Inc. (Thyssenkrupp), Monday, May 7, 2012 started out as just another beautiful spring day. Thyssenkrupp had no idea that its large shipment of steel plate, scheduled to be delivered to the United States from Turkey later that month, was about to be delayed by three months due to no fault of […]
Multimillion-Dollar Commas and “Magic Words”: The In re Deepwater Horizon Additional Insured Dispute
The Deepwater Horizon oil spill in April 2010 caused unprecedented and catastrophic loss to communities, economies, and the environment in the Gulf of Mexico. Amidst the sea of ensuing litigation that has focused on apportioning liability, one legal battle centered on British Petroleum’s (BP) claim to additional insured coverage under the rig-owner Transocean’s primary- and […]
Ghost Ships: Why the Law Should Embrace Unmanned Vessel Technology
Recent years have seen rapid advancement in the development and use of unmanned autonomous and semiautonomous vehicle technology, colloquially known as drones. Initial development of the technology was driven largely by military applications, but it is now being used more and more in the civilian world. Not surprisingly, one of the first civilian applications of […]
Captaining the Ship into Culpability: Barbetta, Franza, and the Efficacy of Imputing Liability to Corporate Shipowners in the Medical Malpractice Context
“Deserve’s got nothin’ to do with it.” The timeless words of Will Munny in Unforgiven resonate when considering the efficacy of imputing liability to the corporate shipowner in the medical malpractice context. Should cruise ship corporations be held liable for the negligence of their onboard medical personnel? And, is there anything inherent about the maritime […]
Limitation of Shipowner’s Liability: The State (Court) We’re In
Under the law of the United States, a shipowner has the right to limit its liability for damages following a marine casualty in accordance with the provisions of the Limitation of Vessel Owner’s Liability Act of *158 1851 (Limitation Act or Act). Generally, the Act permits a vessel owner to limit its liability for any […]
Historically Iced Out: Calling on the United States To Resolve Its International Law Disputes in the Arctic Ocean
Projections show that Arctic sea ice could experience a complete melt-out by 2020. Accordingly, on May 10, 2013, President Barack Obama released the National Strategy for the Arctic Region, which outlines strategic priorities for the United States to ensure safety and stability in the changing Arctic landscape. Due to consistently receding sea ice in the […]
Personal Jurisdiction over Maritime Defendants: Daimler, Walden, and Rule 4(k)(2)
The United States Supreme Court’s recent decisions in two nonmaritime cases, Daimler AG v. Bauman and the unanimous Walden v. Fiore, have seriously limited a court’s ability to exercise personal jurisdiction over foreign and domestic maritime defendants. The reasons rest in the inherent nature of maritime business as interstate and interstate and international and the […]