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Old Rule, Same Implications: Court Dismisses and Narrows Claims in Baltimore Bridge Collapse Matter Based on the Well-Established Robins Dry Dock Rule

This timely article examines the U.S. District Court for the District of Maryland’s decision to dismiss and narrow claims arising from the Baltimore Bridge collapse ‒ and what the ruling could mean for the application of the Robins Dry Dock rule in future maritime claims.

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With the Exception of Handling Concursus Proceedings, State Courts Should be Deemed to Have Jurisdiction to Adjudicate All Limitation of Liability Issues Under the Shipowner's Limitation of Liability Act

An in-depth article examining the scope of the Shipowner's Limitation of Liability Act, that offers an analysis of the Act’s six-month limitation period, and discusses the circumstances in which state courts, and federal courts sitting under diversity jurisdiction, should be deemed to have jurisdiction to decide all issues under the Shipowner's Limitation of Liability Act, even if a petition for limitation of liability has not been timely filed within six months after the petitioner vessel owner received notice of a written claim.

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Winning for Our Clients

Recent wins secured by Wilson Elser’s Admiralty & Marine Practice team attorneys.

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Summary Judgment and Exoneration in Fatal Jet Ski Allision

Secured summary judgment and exoneration for a watercraft rental company in a fatal jet ski allision case. The court dismissed all wrongful death, survival, and personal injury claims based on the liability waiver and the renter’s conduct. The team then obtained a substantial judgment in damages against the renter, including attorney’s fees, costs, and prejudgment interest, plus post-judgment interest. The court distinguished between waiver and indemnity and found the applicable provisions enforceable under federal maritime contract law.

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Unanimous Arbitration Award in Vessel Construction Dispute

Represented a shipbuilding company in a complex maritime arbitration under institutional arbitration rules arising from a vessel-construction contract for a large event vessel with a multimillion-dollar base contract price. The dispute concerned the scope and cost of construction work, change orders, vessel specifications, construction delays, suspension and cessation of work, and preservation of the vessel. After extensive proceedings, including a multi-day merits hearing, post-hearing submissions, and proposed findings of fact and conclusions of law, the panel issued a unanimous Final Award finding fully in the client’s favor and rejecting the claimant’s claims for misrepresentation, violations of state consumer protection laws, and unjust enrichment.

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Multimillion-Dollar Recovery for Vessel Damage and Oil Spill Costs

Represented a P&I club in a multimillion-dollar recovery action for vessel damage and oil spill response costs after a hull puncture at a port facility. The recovery claim settled on very favorable terms shortly before trial, and the team continues to defend the client against federal and state trustee claims for Natural Resource Damages.

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Series of Federal Court Dismissals for Cruise Services Client

Obtaining a series of federal court dismissals for a cruise services company, a firm client, together with very favorable settlements at nuisance value, to resolve a string of claims brought against the client.

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$30+ Million Vessel Breakaway Claim Settled Favorably

Defended a shipping company in claims in excess of $30 million arising from a vessel breakaway and terminal allision on a major U.S. waterway, involving parallel international arbitration. The case settled extremely favorably for the client.

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Chemical Exposure Personal Injury Claim Resolved Near Cost of Defense

Defended a marine services company in a maritime personal injury claim involving claims of severe damages due to chemical exposure with demands in excess of several million dollars. The matter settled at a level close to the cost of defense.

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Multimillion-Dollar Seismic Survey Contract Dispute

Representing a marine geophysical survey company in federal litigation and arbitration, valued in the multi-million-dollar range, against another company concerning a terminated seismic survey contract.

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Landmark Appellate Decision Establishing Maritime Wrongful Death Claim

Represented a watercraft rental company in a matter that resulted in a multimillion-dollar settlement against one renter, exoneration for the client, and a substantial additional judgment. A federal appellate court appeal established a maritime law claim for wrongful death.

More than a cadre of accomplished litigators, many of our attorneys are well-known, highly regarded thought leaders in the admiralty and maritime space. See recent and upcoming speaking engagements here >

Editors

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Raúl J. Chacón Jr.
Cochair, Admiralty & Maritime Practice
Miami, FL
raul.chacon@wilsonelser.com

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Michael Harowski
Cochair, Admiralty & Maritime Practice
New Orleans, LA
michael.harowski@wilsonelser.com

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Otis Felder
Cochair, Admiralty & Maritime Practice
Los Angeles, CA
otis.felder@wilsonelser.com

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Daniel E. Tranen
Partner
St. Louis, MO
daniel.tranen@wilsonelser.com

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Katherine E. Kaplan
Associate
Miami, FL
katherine.kaplan@wilsonelser.com