Honolulu Advertiser reports the Pride of Hawaii moving to Europe. The newspaper notes that the impacts of such a move are of a mixed concern.
General Maritime Law
Declare Value of Your Packages – Else COGSA Caps Damages
By Mark M. Murakami on
The Fourth Circuit Court of Appeals recently held that the Carriage of Goods at Sea Act ("COGSA"), 46 U.S.C. 30701, means what it says when it caps carrier liability at $500 per package.
In Maersk Lines v. USA, the United States government arranged to ship aircraft cargo loaders from Charleston to Oman. Maersk shipped…
Cruising to the Mainland – Mexico Stop – Part Cuatro
By Mark M. Murakami on
New Taxes on Exports in the Works?
By Mark M. Murakami on
A California Congressman issued a press release discussing a new bill (unavailable today) imposing fees on exports of good through our ports. The bill is designed to "ease congestion" at the ports of entry. Dennis Bryant, Esq. at Holland & Knight questions the constitutionality of such a bill. The relevant question being whether Article I…
Cruising to the Mainland – Mexico Stop Part Tres
By Mark M. Murakami on
The proposed interpretive rule originally posted here is drew some attention from states and companies involved in the cruise industry. Maine’s comments were the subject of this Honolulu Advertiser article.
Comments received by the Bureau of Customs and Border Protection as of January 22, 2008 are here.
Reserve Rights Or Lose Defense of Unseaworthiness – So Says Fifth Circuit Court of Appeals
By Mark M. Murakami on
The Fifth Circuit Court of Appeals recently held that an insurer waived its right to rely upon the defense of unseaworthiness by not issuing a "reservation of rights" letter before making payments on a maritime insurance policy.
In North American Specialty Insurance Company v. Debis Financial Services, Inc., at issue was the sinking of…
Not Going Anywhere – California Court Says Equity Trumps Maritime Insurance Arbitration Provision
By Mark M. Murakami on
Today, a California appeals court, invoking the court’s power while sitting in equity, upheld a trial court’s refusal to compel the arbitration of an equitable contribution claim. The arbitration would have taken place, pursuant to the insurance contract, in London. The opinion, in the matter of Crowley Maritime Corp. v. Boston Old Colony Ins. Co.…
Feds Announce Grants for Shipyards
By Mark M. Murakami on
The Maritime Administration has announced a grant program to assist shipyards with capital improvement projects.
Applications are due on February 25, 2008.
Stay Away from the Big Floating Golf Ball – Permanent Security Zone around SBX
By Mark M. Murakami on
The Coast Guard published its Notice of Proposed Rulemaking for the security zone for the SBX while it transits in and around Hawaii waters. The deadline for comment is February 6, 2008.
The SBX is permanently deployed to Alaskan waters, but repairs are conducted at Pearl Harbor. As the attached picture shows, it is quite…
Cruising to the Mainland – Stop in Mexico Part Dos
By Mark M. Murakami on
In November, I posted the proposed interpretation of Passenger Vessel Services Act which would require a 48 hour stay in a foreign port before ultimately disembarking in a U.S. port. Foreign flagged cruise ships, after leaving Hawaii, would reportedly briefly stop in Ensenada, Mexico before terminating the cruise in California. The text of the rule…