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 […]

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 […]

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 […]

How Limited Is “Limited Agency”? Lower Courts Rock the Boat By Broadly Applying the Supreme Court’s Narrow Kirby Guidelines for Interpreting Bills of Lading

Resisting the urge to comment on the first two significant holdings adopted in Kirby, this Article seeks illuminate the legal difficulties surrounding the application of the limited agency doctrine within the perceived boundaries of the Supreme Court’s framework. First, this article discusses the unique commercial relationships among entities involved in intercontinental transportation that have contributed […]

Buffering the Collision Between the Historical Protections for Seamen and the Increasing Use of International Arbitration Agreements

Today, virtually all seaman working for the cruise lines headquartered in the United States are employed under collective bargaining agreements (CBA) with either the Norwegian Seaman’s Union (NSU) or the Federazione Italiana Transporti (ITF). These unions are financed directly by the cruise lines and have often been criticized for not adequately representing the interests of […]

TMLJ ABA Spring Case Note Presentation

Issue 40, Volume 2 Comment Presentations

Please join us for a presentation of selected works from Volume 40 of the Tulane Maritime Law Journal. This event is being graciously hosted by Liskow & Lewis and is being presented by the Tulane Maritime Law Journal in conjunction with the Admiralty & Maritime Law Committee, Tort Trial and Insurance Practice Section of the American […]