by commune | Sep 30, 2011 | Environmental Alerts, Maritime Alerts, Other News
On 26 August 2011 the federal court presiding over the DEEPWATER HORIZON multi-district litigation (“MDL”)(1) issued a 39 page Order ruling on motions to dismiss some of the claims asserted by private parties for economic losses, property damages, punitive damages and...
by commune | Jul 10, 2011 | Environmental Alerts, Maritime Alerts, Other News
In a lengthy opinion issued June 10, 2011, a Los Angeles Superior Court ruled that California’s laws regulating smoke emissions from ships’ diesel engines are inapplicable because they are preempted by the Federal Clean Air Act. The ruling could have a significant...
by commune | Jun 23, 2011 | Maritime Alerts, Other News
The United States Supreme Court today reaffirmed application of the “featherweight” causation standard in Federal Employers’ Liability Act (FELA) cases. In CSX Transportation, Inc. v. McBride, the Supreme Court held under FELA that “featherweight” or “any part”...
by kyl admin | Apr 8, 2011 | Maritime Alerts, Other News
The Ninth Circuit Court of Appeals recently upheld the right of the state of California to require the use of low sulfur fuels in vessels operating within 24 nautical miles (nm) of its coast. The court, in Pacific Merchant Shipping Association v. Goldstene, held a...
by kyl admin | Mar 15, 2011 | Maritime Alerts, Other News
Summary of Decision: The Washington State Court of Appeals issued a published decision holding that a shipowner may not condition payment of maintenance and cure benefits on a claimant’s willingness to undergo a “cure independent medical examination”...
by kyl admin | Feb 13, 2011 | Maritime Alerts, Other News
We write to inform you of an important development in the implementation and enforcement of the Vessel General Permit requirements for certain vessels in U.S. waters. The U.S. Coast Guard (USCG) and the U.S. Environmental Protection Agency (EPA) have published a...