To read the full text of the articles in the June 2014 edition of Mainbrace, please download the attached PDF.
Does Responder Immunity Only Benefit Responders? What No One Has Explained to You about Insurance
by Jonathan K. Waldron
There is a bit of weariness (and disappointment) in our industry with regard to the initiative to enact an enhanced responder immunity regime. Indeed, it has been over four years since the fire and incurred loss of life related to the Deepwater Horizon incident. But this issue remains important because all of the spill response organizations, the spill management team, and the dispersant spraying companies were sued after the incident, and remain in litigation even though BP was able to settle its claims with the plaintiffs. (Read more)
A Move Down South
Jeremy Herschaft, an associate with Blank Rome's New York Maritime, International Trade, and Public Contracts practice group, will be relocating to Blank Rome's Houston, Texas office in mid-July 2014. Mr. Herschaft concentrates his practice on all aspects of international and domestic maritime litigation, and handles a broad spectrum of cases ranging from maritime commercial disputes to vessel casualty and pollution response, personal injury and death actions, Rule B and C claims, and general blue water incidents. (Read more)
Fill 'er Up with Gas: The Advent of LNG as Bunker Fuel
by Keith B. Letourneau
Market, regulatory, and technological developments are acting in concert to accelerate the development of a liquefied natural gas ("LNG") bunker fuel market. U.S. domestic gas production has reached all-time highs with the country becoming the world's number one gas producer, which serves to keep natural gas prices relatively low and stable. (Read more)
Recent Developments in Maritime Punitive Damages
by David G. Meyer and Kate B. Belmont
In 2009, in Atlantic Sounding Co., Inc. v. Townsend, the Supreme Court "sea tossed" the law of maritime damages when it held that punitive damages are recoverable for an employer's willful and wanton failure to provide a seaman with maintenance and cure benefits.1 557 U.S. 404, 407-08 (2009). By doing so, Townsend put an end to almost twenty years of near certainty that punitive damages were not available in maintenance and cure claims. (Read more)
Chambers 2014 Honors Blank Rome Maritime Attorneys
Blank Rome Maritime and its attorneys are ranked top tier in Shipping for Litigation, Regulatory, and Financing in Chambers USA 2014.
Calculating the Settlement Value of a Case
by Thomas H. Belknap, Jr.
It has been said that war is politics by other means. It is probably equally true that litigation is business by other means. On the one hand, the threat of litigation—and the resulting costs, inconvenience, and uncertainty—will often compel parties to resolve their differences on terms that they might otherwise consider less than ideal. (Read more)
The Gateway to Chapter 15: An Evolving Issue
by Michael B. Schaedle
Chapter 15 of the United States Bankruptcy Code is a relatively recent addition to the American bankruptcy statute and it incorporates the United Nations Commission on International Trade Law Model Law on Cross-Border Insolvency into American law. Using Chapter 15, American courts have a set rubric and system to determine when to "recognize" a foreign insolvency/rehabilitation/reorganization proceeding and to protect or implement that proceeding here in the United States. (Read more)
Notice: The purpose of this newsletter is to identify select developments that may be of interest to readers. The information contained herein is abridged and summarized from various sources, the accuracy and completeness of which cannot be assured. The Advisory should not be construed as legal advice or opinion, and is not a substitute for the advice of counsel.