This is a case about the applicability of the Federal Arbitration Act to a contract that specified the usage of English law. Hold on, don’t close the post, I’m posting because it arose out of the grounding of the M/V Cape Flattery, near Barbers Point, Oahu. The salvage caused damage to the coral reef nearby and the United States
New Clean Water Act Case From Court of Appeals for the D.C. – Lake Carriers’ Association v. EPA
The Court of Appeals for the District of Columbia Circuit just handed down its decision in the case of Lake Carriers’ Association v. EPA, 2011 U.S. App. LEXIS 14996 which can be found here.
Summary: This case involved several maritime trade associations bringing a challenge to a nationwide permit for the discharge of pollutants
New Admiralty Case From Fifth Circuit – Apache Corp. v. Global Santa Fe Drilling Co.
New admiralty case from the Fifth Circuit Court of Appeals. In brief, the case involved an allision between a Mobile Offshore Drilling Unit (MODU) and an oil platform. The issue in the case was whether the trial court mistakenly let an admiralty case go to a jury when admiralty cases are not tried by juries. The court found the case governed by
New Law Review Article on Marine Spatial Planning and Ocean Governance
Marine spatial planning and ocean governance is a very hot issue these days. Professor Robin Craig from Florida State University College of Law posted an upcoming law review article on the subject, entitled: Ocean Governance for the 21st Century: Making Marine Zoning Climate Change Adaptable. It is available on SSRN here.
More and more Americans are
New Admiralty Case From First Circuit – Fairest-Knight v. Marine World Distributors, Inc
New admiralty case from the First Circuit Court of Appeals. Issues are breach of implied warranty in the admiralty context. The case is Fairest-Knight v. Marine World Distributors, Inc., 2011 U.S. App. LEXIS 14531 and can be found here.
Ah, the joys of owning a boat. Circuit Judge Rorruella agrees, beginning this opinion:
This case, involving
Hawaii State Bar Assn Dinner
A Judge, a Bar President and a bunch of attorney hula dancers
Hawaii State Bar Assn Dinner – Honolulu Convention Center
New Case From Second Circuit – Stepski v. M/V Norasia Alya
New case from the Second Circuit Court of Appeals. Will review and comment later, but for now the opinion in the case of Stepski v. M/V Norasia Alya, 2011 U.S. App. LEXIS 12775 and can be found here.
New Admiralty Case from Fifth Circuit – QT Trading, L.P. v. M/V Saga Morus, et al
New admiralty case from the Fifth Circuit Court of Appeals. The issues are bailments and COGSA. The case is QT Trading, L.P. v. M/V Saga Morus, et al, 2011 U.S. App. LEXIS 9619 and can be found here.
Facts: QT purchased steel pipes from a company in China. That company chartered a
Pacific Ocean Environmental Issues in the News – Rare Earth and Plastics
Lots of ocean environmental issues in the news today.
The Star Advertiser reports that Japanese researchers discovered rare earth minerals in the Pacific Ocean, apparently beyond the U.S. Exclusive Economic Zone. Several interviewed, including my former colleague Robert Harris, have expressed some concerns about the environmental impacts of such action. This is an interesting discovery