Searching Content indexed under Transport by Cozen O'Connor ordered by Published Date Descending.
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What Is A Vessel?
The line between maritime and non-maritime jurisdiction continues to be redrawn.
United States
12 Apr 2013
What Is A Vessel? (Maritime Alert, March 2013)
The line between maritime and non-maritime jurisdiction continues to be redrawn.
United States
23 Mar 2013
Infrastructure Alert - March 13, 2013
Sequestration began on March 1, and federal agencies are still in the process of sending out furlough notifications and determining specific program cuts.
United States
21 Mar 2013
Infrastructure Alert - February 26, 2013
Following President Obama’s State of the Union call for a national infrastructure policy, the White House released this fact sheet, providing some details of the plan thus far.
United States
4 Mar 2013
Infrastructure Alert - February 13, 2013
President Obama called for increased infrastructure and transportation spending in last night’s State of the Union address, stressing the need to fix failing infrastructure first and utilizing public-private partnerships where appropriate.
United States
19 Feb 2013
Supreme Court Rules Floating Home Not A Vessel Under Federal Maritime Law
The decision is of importance to maritime practitioners because the nature of the structure essentially determined whether or not federal maritime jurisdiction attached and, more significantly, whether a maritime lien could be asserted against the structure as was contended by the city.
United States
30 Jan 2013
US Court Rebuffs French High Court’s Attack On Forum Non-Conveniens Doctrine
The forum non conveniens doctrine, as applied to aviation litigation under the 1999 Montreal Convention (Convention for the Unification of Certain Rules for International Carriage by Air, 28 May 1999) seemed to be very seriously endangered by a decision issued by the Cour de Cassation, France’s highest court, on 7 December 2011.
United States
13 Nov 2012
Time Limitations In Transit Claims
Ocean transportation of cargo throughout the world is covered by various conventions or treaties.
United States
14 Aug 2012
Infrastructure Alert - July 24, 2012
On July 6, President Obama signed the transportation reauthorization bill, culminating a three-year stretch of bipartisan back and forth over highway and transit spending.
United States
6 Aug 2012
Washington State Supreme Court Refuses To Cap Punitive Damages Imposed Under Federal Maritime Law - Clausen v. Icicle Seafoods, Inc.
On the Ides of March, the Washington State Supreme Court delivered the latest pronouncement on the issue of punitive damages under the archaic system of maintenance, cure, and unearned wages for maritime workers who go to sea. Clausen v. Icicle Seafoods, Inc., 2012 WL 862192 (Wash. No. 85200-6, Mar. 15, 2012), refused to overturn a punitive damage and attorney’s fee award, following what both levels of court determined to be "egregious" handling of the injured worker’s claim by his employer, the
United States
16 Apr 2012
Infrastructure Alert - March 13, 2012
Washington, D.C., continues to arm wrestle over transportation funding legislation, as the Senate and House work to move competing legislation.
United States
19 Mar 2012
Discovery Prior To Filing Suit
The old adage that the early bird catches the worm is as true in litigation as it is in ornithology.
United States
1 Mar 2012
Buyer (And Others) Beware ... The Lacey Act
One wonders if Les Paul, the legendary guitar genius and creator of Gibson’s "Les Paul guitar," turned in his grave, when federal agents recently raided the Gibson guitar factory in Nashville, Tenn.
United States
16 Jan 2012
Ninth Circuit Decision Interprets Arbitration Provision Narrowly
he U.S. Court of Appeals for the 9th Circuit recently issued a decision holding that a dispute pertaining to liability for damage caused during the salvage of a vessel could proceed in court.
United States
24 Aug 2011
U.S. Congress Must Begin To Walk The Walk On Airline Ownership
While public chatter about liberalizing U.S. law governing ownership and control of U.S. airlines seems never to cease, one aspect of the controversy is almost totally inexplicable: why has no legislation ever been drafted to accomplish the purpose or, at the least, encourage open discussion and debate about the details of doing so?
United States
17 Mar 2011
Before You Settle
In an ironic twist on January 31, 2011, the U.S. Court of Appeals for the 2nd Circuit in "In re: DG Harmony,"1 affirmed the district court’s ruling that by settling with cargo plaintiffs and "… not pursuing its indemnity claims at trial, Cho Yang forfeited its indemnity claim."
United States
11 Feb 2011
Second Look at Aircraft Fractional Programs
Not long ago, aircraft fractional ownership was promoted as an attractive alternative for individuals and businesses seeking the benefits of private aircraft travel, but whose annual flight time requirements did not justify the substantial capital and operating costs of owning a full airplane or undertaking the burden of maintaining a flight department.
United States
21 Apr 2010
Navigating Cargo Claims - Part 1
The term "cargo claim" is a broad one. Such claims are ancient with a long history of laws written and re-written to address them. Cargo claims can invoke "maritime law," another broad and sometimes elusive term.
United States
23 Feb 2010
Navigating Cargo Claims - Part 2
COGSA’s last and 17th exception in Section 4(2) is enumerated in 4(2)(q) and thus known as "the Q Clause." The Q Clause protects ocean carriers from liability for cargo damage arising without the actual fault of the carrier or its agents.
United States
23 Feb 2010
Second Circuit Overturns Its Prior Decision In Winter Storm: Electronic Fund Transfers Are No Longer Property Subject To Maritime Attachment Under Rule B
On October 16, 2009, the U.S. Court of Appeals for the Second Circuit in a case entitled “The Shipping Corporation of India v. Jaldhi Overseas Pte Ltd.” filed under Case No. 08-3477-cv, held that electronic fund transfers (“EFTs”) being processed by an intermediary bank are not property subject to attachment under Rule B, and with the consent of all active judges of the Second Circuit, overruled “Winter Storm Shipping, Ltd. v. TPI”, 310 F.3d 263 (2nd Cir. 2002) and all of its progeny.
United States
21 Oct 2009
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