On May 7, 2018, the Fourth Circuit in United States v. Oceanic Illsabe Limited affirmed the conviction and sentencing of a vessel owner and operator for violations of the Act to Prevent Pollution from Ships (APPS).
Read moreOn May 4, 2018, the Third Circuit in Liberty Woods International v. MV Ocean Quartz affirmed the District Court’s dismissal of the plaintiff’s action for cargo damages while onboard the MV OCEAN QUARTZ. The dismissal was based on the fact that the liability was governed under the carrier’s bill of lading, which contained a foreign forum selection clause for South Korea. The plaintiff appealed, arguing that section 3(8) of the Carriage of Goods by Sea Act (COGSA), which permits in rem suits, invalidates the South Korean forum selection clause because South Korea does not recognize in rem suits.
Read moreIn Kopetic v. The Port Authority of New York & New Jersey (April 12, 2018), Lewis Brisbois’ client, a governmental entity who owns a container terminal in New York Harbor, was sued by an injured longshoreman who worked for the company operating the container terminal.
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