The Rise of the Exoneration Clause: The Second Circuit Holds a Downstream Covenant Not To Sue Enforceable in Sompo Japan Insurance Co. of America v. Norfolk Southern Railway Co.

In the spring of 2006, a train carrying a range of manufactured good from East Asia, including tractors, automotive parts, and copy machines, derailed outside of Dallas, Texas. Much of the cargo was destroyed. Assigning liability in the wake of the derailment required untangling the web of intermodal carriage contracts governing the damaged shipments. Two […]

Change Is in the Air (and at Sea): The Fifth Circuit Redraws the Lines of Federal Authority over Investigation of Maritime Disasters in United States v. Transocean Deepwater Drilling, Inc.

United States v. Transocean Deepwater Drilling, Inc., came in the aftermath of one of the watershed maritime events of this quarter century. On April 20, 2010, Transocean’s DEEPWATER HORIZON, a mobile offshore drilling unit (MODU), was drilling the Macondo oil well in the Gulf of Mexico when a blowout, explosion, and fire occurred. Eleven people […]

Adrift at Sea in Search of the Proper Scope of the Penhallow Rule: D’Amico Dry Ltd. v. Primera Maritime (Hellas) Ltd.

Bulk carrier and panama operator D’Amico Dry Limited brought suit in the United States District Court for the Southern District of New York to enforce an English court’s judgment awarding D’Amico over $1.7 million on a contract claim against Primera Maritime (Hellas) Limited. Primera had failed to pay on a freight forwarding agreement (FFA) between […]

The Ninth Circuit Writes an Obituary for Section 903(c) of the LHWCA in Kealoha v. Director, Office of Workers Compensation Programs

William Kealoha’s life changed forever when he fell twenty-five to fifty feet from a barge onto a dry dock, the first of several tragic events over a two-year crescendo that would ultimately leave Kealoha mentally and physically crippled. Kealoha’s fall occurred while employed as a ship laborer fro Leeward Marine Inc. (Leeward) and resulted in […]

Brokers and Buyers Beware: Underwriters Are Nickel-and-Dimed by Strict Interpretation of Language in Excess and Umbrella Policies of Offshore Energy Companies

Hurricane Ike swept through the Gulf of Mexico in September 2008, leaving behind more than $150 million in damage to more than 150 offshore platforms in which W&T Offshore (W&T) had a commercial interest. In preparation for just such a storm, W&T purchased three types of insurance: (1) a commercial general liability policy (the “primary […]

International Recent Developments: United Kingdom

This Article provides an overview of some of the most significant cases concerning charterparties and carriage of goods by sea decided in the United Kingdom during 2014. There is a concise discussion of selected cases with references in the footnotes to additional cases decided in 2014, which, due to spatial constraints, could not be given […]