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Fowler Rodriguez


Planning ahead to use act of God as legal defence

USA - July 8 2015 In the shipping industry, the management of risk is an everyday concern. Shipping companies attempt to minimise risk by maintaining seaworthy vessels

Uber-complex: regulating ride-hail services

USA - July 26 2017 Ride-hail services have quickly become a popular alternative to traditional taxi services in urban areas all over the United States. Uber launched

Safety bonus programmes: improve safety with better incentives

USA - July 13 2016 The safety of employees is one of the most, if not the most, important concerns for shipping companies. Vessel-based employees face day-to-day perils

Courts continue to deny fuel suppliers' lien claims in ongoing OW Bunker litigation

USA - September 14 2016 US courts continue to rule against physical fuel suppliers in the ongoing saga following the financial collapse of OW Bunker & Trading AS. Separate

Cruise line escapes $2.8 million fine for Passenger Vessel Services Act breach

USA - August 12 2009 US Customs and Border Protection (CBP) recently fully mitigated approximately $2.8 million in fines levied against two cruise ships for alleged violations of the Passenger Vessel Services Act

Recovering punitive damages from non-employer third parties

USA - June 6 2018 Can seafarers recover punitive damages from non-employer third parties under the general maritime law? Short answer: it depends on where you are. A

Vessel owner's bid for 'stigma' damages denied

USA - May 2 2018 Under general maritime law, a vessel owner is entitled to the reasonable cost of repair of the vessel, unless this cost exceeds the pre-incident value

Mere presence in 'zone of danger' insufficient to support claim for purely emotional injuries

USA - April 25 2018 The court recently assumed that passengers aboard a charter fishing vessel were within the 'zone of danger', but still dismissed their claims based on

Appeals court allows recovery of punitive damages for unseaworthiness claim

USA - February 14 2018 In Batterson v Dutra Group 15-56775 (Ninth Circuit, January 23 2018) the Ninth Circuit held that punitive damages are available to seafarers who

Fifth Circuit throws Davis & Sons test for maritime contracts overboard

USA - January 31 2018 In Doiron v Special Rental Tools & Supply LLP, the US Court of Appeals for the Fifth Circuit jettisoned the six-factor, fact-intensive Davis & Sons