Tulane Maritime Law Journal Volume 40

Vol. 40, Issue 1 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 […]

ITLOST? The International Tribunal for the Law of the Sea Sounds the Charge to Expand Coastal State Jurisdiction

Amid bunkering fishing vessels authorized to operate in Guinea-Bissau’s Exclusive Economic Zone (EEZ), the M/V Virginia G, a Panamanian-flagged oil tanker, was arrested for “the repeated practice of fishing related activities in the form of [the] unauthorized sale of fuel to ships fishing in [Guinea-Bissau’s] EEZ.” The VIRGINIA G was contracted by Empresa Balmar Pesquerias […]

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 […]