Supreme Court issues new "reasonable observer" test on what constitutes a vessel *

USA - January 18 2013
In Lozman v. City of Riviera Beach, Florida, No. 11-626 (January 15, 2013), the U.S. Supreme Court "reformulated" the definition of "vessel." It…

Co-authors: Chester D. Hooper.

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Federal appellate court finds key U.S. discovery tool can be used to aid foreign arbitrations *

USA - August 2 2012
The Eleventh Circuit, the federal appellate court for the southeast region of the U.S. including Florida, in In re Consorcio Ecuatoriano de Telecomunicaciones S.A., recently decided a case with broad implications for foreign litigants involved in private arbitration and seeking documents or testimony from witnesses physically located in the United States.

Co-authors: Michael J. Frevola, James "Jim" Hohenstein.

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Course correction for the general maritime law of indemnity contracts? *

USA - February 24 2012
Before the most anticipated maritime trial so far this century begins on Monday, it is important to consider the indemnity ruling reached a few weeks ago that substantially impacts the litigation and potentially has far-reaching implications for maritime indemnity contracts.

Co-authors: Vincent J. Foley.

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2010 year-end review: Rule B attachments of property are alive and well *

USA - February 10 2011
Over the last several years, Rule B became the dominant means by which to obtain security in maritime disputes.

Co-authors: Michael J. Frevola, James "Jim" Hohenstein.

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The Robins economic loss rule complicates offshore wind project contracting *

USA - October 28 2010
Illustrative of the unusual results that can affect offshore wind energy projects under admiralty law is the Supreme Court's venerable Robins Dry Dock decision, which may preclude or limit an offtaker's ability to recover economic losses arising from a marine casualty causing a forced outage of a wind generation facility.

Co-authors: J. Michael Cavanaugh.

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