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Monday, June 24, 2019

Federal District Court News

Anny Martin (Photo: Moore & Company)

Martin Joins Moore & Company

Moore & Company has hired attorney Anny Martin who joined the firm earlier this month. A graduate from the University of Florida Levin College of Law, Martin was extremely involved in the executive boards of various on-campus organizations including serving as President of the International Law Society, Vice President of Internal Communication of the Hispanic National Bar Association and Vice President of the Cuban American Bar Association of the university. She was also the Student Works Editor of the Florida Journal of International Law.

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BP Puts Tab for Gulf Disaster at $62 Bln

BP announced today that following significant progress in resolving outstanding claims arising from the 2010 Deepwater Horizon accident and oil spill, it can now reliably estimate all of its remaining material liabilities in connection with the incident. As a result, taking into account this estimate together with other positive tax adjustments, BP expects to take an after-tax non-operating charge of around $2.5 billion in its second quarter 2016 results. This charge is expected to include a pre-tax non-operating charge associated with the oil spill of around $5.2 billion.

Stretching the Bounds of State Sovereignty

The operation of vessels in international commerce has never been more complicated than it is today, particularly from the standpoint of regulatory compliance. A vessel operator must be cognizant of international, national, state and local regulatory requirements. In an ideal world, the regulations of subjects such as navigation safety, crew licensure or pollution would be uniform so that an operator could understand the law and more easily comply. In cases where the requirements of one jurisdiction differ from those of another…

Exhaust gas emission: File photo

Stepped Up N. American ECA Enforcement: Consequences

In a new enforcement initiative, the United States Environmental Protection Agency (EPA), in cooperation with the United States Coast Guard (USCG), has boarded vessels to collect bunker samples to determine whether the vessels’ fuel sources meet the 1.0% fuel oil sulphur limit applicable within the North American Emissions Control Area (“ECA”), informs UK P&I Club as advised by Montgomery Mccracken Walker & Rhoads LLP. The EPA also disclosed that it has been “experimenting” with vessel flyovers to assess vessel smokestack plumes for the same purpose.

TMT CEO Files $100m IP Suit Over Vessel Sale

Hsin-Chi Su, Chairman and CEO of Today Makes Tomorrow Group (TMT) launched a suit in Texas federal court on July 28, 2014, alleging that a planned bankruptcy sale of three company ships, including M.V.D Whale, M.V.G Whale and M.V.H Whale, to Mega International Commercial Bank Co. Ltd. (Mega Bank) will strip him of intellectual property worth more than $100 million for each ship. According to Ken Liang's deposition at the court, Mega Bank is the agent for vulture fund Oaktree Capital Group. U.S.

NOAA Releases Restoration Plan for Cosco Busan Impacts

Final Restoration Plan Completed for Cosco Busan Oil Spill; Projects will Address Impacts from Ship that Struck the Bay Bridge. State and federal trustee agencies have released the Cosco Busan Oil Spill Final Damage Assessment and Restoration Plan. The document summarizes the injuries to wildlife, habitat, and recreational uses from the oil spill that occurred on Nov. 7, 2007. It also describes a number of restoration projects that will be implemented to compensate for injuries from the spill.

Appeals Court Refuses to Close Chicago Locks To Deter Carp

On August 24, 2011, a three-judge panel of the U.S. Court of Appeals for the 7th Circuit refused to issue a preliminary injunction to force the closure of locks on the Chicago Area Waterway System (CAWS). The case stems from the controversy as to how best to prevent invasive Asian Carp from moving up the Mississippi/Illinois waterway system into Lake Michigan. The state of Michigan and others sued the U.S. Army Corps of Engineers and the City of Chicago to force the lock closures and other measures.

Arbitration, Foreign Seaman’s Wage Claim

The US Court of Appeals for the Ninth Circuit ruled that a wage claim by a foreign seafarer against his employer for service on a foreign vessel is subject to arbitration. In the instant case, plaintiff Philippine seafarer brought suit against defendant cruise line alleging violation of the Seamen’s Wage Act. Defendant cruise line’s motion to compel arbitration in the Philippines was granted by the federal district court and plaintiff appealed. The order compelling arbitration was upheld by the appellate court…

Judicial Decision on M/V Mokihana Rebuild

On December 4, 2009, a federal district court in Va. entered judgment in favor of the U.S. Coast Guard and Matson Navigation Company, Inc. in a long-running vessel foreign rebuild case. Winston & Strawn LLP represented Matson. The Shipbuilders Council of America, Inc. and Pasha Hawaii Transport Lines LLC sued the Coast Guard initially in November 2006 seeking to disqualify the M/V Mokihana from the U.S. coastwise trade because of work to be done to the vessel in China. That initial suit was dismissed in 2007…

Class Action Lawsuit, Marine Products Price Fixing

Conspiracy involving marine fenders, buoys and pilings provokes action by public and private interests in Texas and Louisiana. Baron & Budd, P.C. attorneys, working with attorneys from Los Angeles-based Glancy Bingow & Goldberg LLC, New York securities law firm Labaton Sucharow LLP, Mobile-based Vickers, Riis, Murray and Curran, L.L.C. and Galveston attorney A. Craig Eiland, have filed suit in federal district court in Los Angeles over a web of conspiracies to fix prices and rig bids on several marine products.