Radio Netherlands is reporting that the Dutch Navy has released 13 Somali pirates because they were unable to find a country willing to prosecute them.
Apologies for the lack of posts lately, I've been working on a law review article that's been monopolizing my time.
Monday, December 21, 2009
Thursday, December 10, 2009
Sculpture Blocks Carinval Dream from San Juan Port
The offending sculpture — it looks like a giant paper airplane propped up by gray legs — was installed along the dock in 2006 as part of a $30 million project to build a new port in San Juan's colonial district, Port Authority director Alvaro Pilar said.
It was designed and paid for in part by another cruise ship company, Royal Caribbean, he said.
Pilar said officials now plan to dismantle the sculpture at a cost of $2 million and possibly sell it as scrap metal. He said it would be too expensive to relocate it to another location.
From MSNBC
It was designed and paid for in part by another cruise ship company, Royal Caribbean, he said.
Pilar said officials now plan to dismantle the sculpture at a cost of $2 million and possibly sell it as scrap metal. He said it would be too expensive to relocate it to another location.
From MSNBC
Outer Continental Shelf Lands Act, Choice of Law, Contract & Tort
Today a case that is simple in facts but complex in procedure. In Grand Isle Shipyard Inc. v. Seacor Marine, LLC the 5th Circuit was asked to decide that if the Outer Continental Shelf Lands Act's choice-of-law provision, requires application of the Louisiana Oilfield Indemnity Act to an indemnity agreement triggered by an injury to a platform worker that occurred on a vessel on the high seas.
The case arises from an April 2005 incident in which Denny Neil, a Grand Isle employee, was injured in a fall onboard the M/V SEA HORSE IV, a vessel owned and operated by Seacor. At the time of the accident, the SEA HORSE IV was transporting Neil from his work platform to the residential platform which contained his living quarters. Neil filed suit against Seacor in the U.S. District Court for the Southern District of Texas, asserting a claim for vessel negligence under the Longshore and Harbor Worker's Compensation Act (“LHWCA”). Seacor tendered its defense and indemnity to Grand Isle; Seacor also claimed the benefit of insurance provided by Grand Isle's insurer Gray. Grand Isle and Gray filed suit in the U.S. District Court for the Eastern District of Louisiana, seeking a declaratory judgment that: (1) Grand Isle is not contractually obligated to defend and indemnify Seacor; and (2) Seacor is not entitled to insurance coverage from Gray.
Despite the fact that the underlying tort claim did not occur on either platform the majority adopted a new “focus-of-the-contract” test to evaluate OCSLA situs. The “focus-of-the-contract” test requires the court to examine to where the contract contemplates that a majority of the work is to be performed. In a very strong and well structured dissent Judge Garza criticized the decision as incompatible with Supreme Court precedent.
Given how important this question of law is I would not be surprised if we see this case again.
The case arises from an April 2005 incident in which Denny Neil, a Grand Isle employee, was injured in a fall onboard the M/V SEA HORSE IV, a vessel owned and operated by Seacor. At the time of the accident, the SEA HORSE IV was transporting Neil from his work platform to the residential platform which contained his living quarters. Neil filed suit against Seacor in the U.S. District Court for the Southern District of Texas, asserting a claim for vessel negligence under the Longshore and Harbor Worker's Compensation Act (“LHWCA”). Seacor tendered its defense and indemnity to Grand Isle; Seacor also claimed the benefit of insurance provided by Grand Isle's insurer Gray. Grand Isle and Gray filed suit in the U.S. District Court for the Eastern District of Louisiana, seeking a declaratory judgment that: (1) Grand Isle is not contractually obligated to defend and indemnify Seacor; and (2) Seacor is not entitled to insurance coverage from Gray.
Despite the fact that the underlying tort claim did not occur on either platform the majority adopted a new “focus-of-the-contract” test to evaluate OCSLA situs. The “focus-of-the-contract” test requires the court to examine to where the contract contemplates that a majority of the work is to be performed. In a very strong and well structured dissent Judge Garza criticized the decision as incompatible with Supreme Court precedent.
Given how important this question of law is I would not be surprised if we see this case again.
Wednesday, December 2, 2009
UK Sailors Released by Iran
MSNBC is reporting that the 5 UK nationals seized by Iran last week are being released.
Tuesday, December 1, 2009
5 U.K. Nationals Aboard the Kingdom of Bahrain Seized by Iran
The Kingdom of Baharain a Volvo 60 owned by the Sail Baharain is believed to have been stopped by Iranian gunboats last Wednesday. The sailors were delivering the Kingdom of Bahrain to Dubai, where it was due to take part in Dubai-Muscat Offshore Sailing Race.
Iran is a signatory to the United Nations Convention on the Law of the Sea which grants the right of innocent passage through territorial waters. Although they have not yet ratified the treaty as signatories they are required not to try and frustrate the purpose of the treaty. Look for more on the Law of the Sea Treaty in an upcoming post.
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