Client Alert – Spring 2011

by M. E. DeOrchis
  1. Who pays for the expense of keeping a pirate in prison?
  2. How has the problem of foreign Port Captains obtaining easy travel access to U.S. ports been solved?
  3. Is the sole owner of a corporation liable for the company’s debt?
  4. How was a foreign seaman sailing between foreign ports and arrested on the high seas by the U.S. on drug charges be snared by “Stare Decisis”?
  5. What is holding up adoption of the Rotterdam Rules Convention by the U.S.?
  6. Can suing a carrier in a state court avoid Limitation of Liability of a shipowner?
  7. Why is the U.S. Coast Guard reopening comments for its hazardous Substance Response Plan Rule?
  8. Who is responsible for an oil spill if a ship runs into an abandoned sunken anchor?
  9. Can a U.S. state regulate fuel used by vessels 24 miles off its shore?
  10. Will new FMC Rules allow domestic NVOCCs to negotiate rates?
  11. Can a maritime freight forwarder operate without an FMC license, a bond and insurance?
Client Alert - Spring 2011
Filed under Client Alert, News, Updates

Client Alert – Fall 2010

by M. E. DeOrchis
  1. Will a higher carrier limitation of liability provided in a Service Agreement trump the limitation provided in the air waybill?
  2. Does resignation of one of three arbitrators require parties to start over again?
  3. Why do crewmembers often tip off U.S. Coast Guard about hidden “magic pipes” used to discharge oily waste illegally?
  4. Why is comfort afforded to persons in danger not worth much in a salvage situation?
  5. Why should a company hire a lawyer when doing a sensitive internal investigation?
  6. Can a yacht club absolve itself from liability for negligence by including an exculpation clause in its by-laws?
  7. Do statutes of limitation apply to arbitration?
  8. Is the Supreme Court “Regal-Beloit” decision applying U.S. COGSA to rail carriage retroactive?
  9. Do arbitrators decide issues of formation and enforcement of arbitration clauses?
  10. When must a court decide a challenge to enforceability of an arbitration clause?
Client Alert - Fall 2010
Filed under Client Alert, Updates

Client Alert – Summer 2010

by M. E. DeOrchis
  1. Can maritime arbitrators order a class action?
  2. How will Marine Highway Corridors extend U.S. highways?
  3. Why failing to maintain an accurate Oil Record Book cost a carrier $750,000
  4. Is a ship manager who runs a vessel a COGSA carrier?
  5. Is a seaman’s agreement to arbitrate maintenance and personal injury claims valid?
  6. Is a cargo owner who ships with an NVOCC bound by a forum selection clause in the ocean carrier’s bill of lading?
  7. How would a bill in Congress shortcut collection of Deepwater Horizon property damage claims?
  8. Why can crew cabins be searched without “Reasonable Suspicion” by U.S.A. Customs?
  9. Why must cargo on passenger planes be screened for security?
  10. How can a bill of lading take precedence over a service contract?
  11. Can a $4 million yacht be subject to the $500 COGSA package limitation?
  12. When is a vessel not a “vessel” subject to the Maritime Lien Act?
Client Alert - Summer 2010
Filed under Client Alert, Updates

Client Alert – Spring 2010

by M. E. DeOrchis

1. Can a 16-hour workday render a vessel unseaworthy
2. Can a New York court with jurisdiction over a local bank branch order it to turn over property held by a parent bank overseas?
3. What are the new stiff rules the U.S. has adopted over vessel emissions and sulfur content of fuel oil?
4. What is the United States’ response to piracy?
5. How have consumer claims against foreign manufacturers been made easier?
6. How can a right to arbitration be waived?
7. Are legal fees recoverable under maritime law?
8. Do unreasonable repair charges give rise to maritime liens?
9. What rules have been proposed for marking of products containing lithium batteries and cells?
10. How large can a fine be for using a “magic hose” to discharge oily waste?
11. Can a shipowner demand a jury trial in a seaman’s Jones Act case brought in state court?
12. Does an arbitrator have to rely on expert evidence?
13. Is “market value” the only measure for determining cargo damage?
14. Does a vessel owner who is also the stevedore owe different duties to its employees?

Client Alert – Spring 2010
Filed under Client Alert, Updates

Client Alert – Fall/Winter 2009

by M. E. DeOrchis

1. Will the shipowner have to train a crewmember to detect, investigate and report crimes on passenger vessels if the 2009 Cruise Vessel Safety and Security Act is enacted?
2. What is the reason why electronic transfer funds held by New York banks can no longer be attached?
3. Why are crewmembers who return to save their sinking vessel not entitled to salvage?
4. When can a seaman in the U.S.A. be forced to arbitrate a claim for wages?
5. Why can an injured “commuter seaman” collect maintenance and cure as well as Social Security disability and long-term disability from his employer?
6. When is a maritime carrier entitled to recover legal fees from a cargo shipper?
7. Why can using different bills of lading (instead of back-to-back bills of lading) for multimodal movements lead to expensive litigation in the U.S.A.?
8. Why should you reserve a place to hear Capt. “Skip” Strong speak about salvage at our office on December 8, 2009?
9. How can an ocean carrier avoid the Carmack Amendment from applying to its multimodal bills of lading?
10. What is the danger with computing freight for liquid cargo on a “lump sum” basis?
11. Is maritime cargo considered “delivered” under U.S. COGSA if it is seized by Customs?
12. Why do two leading Circuit Courts disagree on whether an ocean carrier that issues a through bill of lading including land carriage in the U.S.A. is subject to the Carmack Amendment?
13. Will the side effects of Rule B attachment storm remain?

Client Alert – Fall/Winter 2009
Filed under Client Alert, Updates