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Court makes potentially significant changes to safe berth warranties

Winston & Strawn LLP
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USA
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May 20 2013

On May 16, 2013, the U.S. Court of Appeals for the Third Circuit rendered a decision potentially making significant changes to the nature of "safe

Court upholds Coast Guard's broad authority over foreign tank vessels in US waters

Winston & Strawn LLP
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USA
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April 1 2013

On March 27, 2013, in Wilmina Shipping AS v. U.S. Dept' of Homeland Security, the U.S. District Court for the District of Columbia upheld the Coast

U.S. Ninth Circuit orders Sea Shepherd to avast

Winston & Strawn LLP
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USA
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February 27 2013

Declaring that you don't need a peg leg or an eye patch to be a pirate, in a decision issued February 25, the U.S. Court of Appeals for the Ninth

Supreme Court rules floating non-motorized home not a "vessel"

Winston & Strawn LLP
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USA
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January 15 2013

In a 7-2 case decided on January 15, 2013, the United States Supreme Court held in Lozman v. Riviera Beach that a floating non-motorized home docked

Coast guard permits installation of foreign-built LNG fuel tanks in Jones Act vessel

Winston & Strawn LLP
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USA
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December 3 2012

U.S. law governing the U.S. coastwise trade (generally referred to as the “Jones Act”) restricts such trade to vessels “built in the United States,” which has a defined meaning in the law

Port sued for false claims in PL 480 program

Winston & Strawn LLP
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USA
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October 23 2012

On October 19, 2012, the U.S. Justice Department filed a complaint in the U.S. District Court for the District of Columbua against Jacintoport International LLC in Texas under the False Claims Act

Collateral attack on coast guard vessel documentation decision dismissed

Winston & Strawn LLP
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USA
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October 19 2012

On October 17, 2012, Judge Lance M. Africk of the U.S. District Court for the Eastern District of Louisiana dismissed a case filed against Surf Subsea, Inc. initially brought in state court in which plaintiffs alleged that the MV Surf Challenger was ineligible to be operated in the U.S. coastwise trade (the Jones Act trade

Greek shipping company sentenced to $2 million fine for MARPOL violations and cover-up

Winston & Strawn LLP
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USA
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March 27 2012

On March 27, 2012, the U.S. District Court in New Orleans sentenced Ilios Shipping Company S.A. to a monetary penalty of $2 million in accordance with a plea agreement, for failing to maintain an oil record book, obstruction of justice, and submitting false documents to the Coast Guard

New York court awards loss of use damages to dredge for repair period

Winston & Strawn LLP
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USA
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March 21 2012

Great Lakes Dredge & Dock Company was recently awarded loss of use damages from a 2008 allision, in which the dredge NEW YORK was hit by an outbound orange juice tanker

Court rejects suit to compel the USGC to negotiate vessel clearance bond

Winston & Strawn LLP
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USA
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February 21 2012

On February 17, 2012, the U.S. District Court for the Southern District of Alabama rejected an "Emergency Request and Petition" to obtain judicial resolution of a stalemated negotiation between the owners of the vessel BOTTIGLIERI CHALLENGER and the U.S. Coast Guard over the nature of bond to secure the clearance of the vessel to depart the port of Mobile

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