Category Archives: Admiralty-Maritime Law

Admiralty and Maritime law news articles, reiews, notes and blog examples.

Jury Awards Waks & Barnett Client More Than $2 Million in Medical Negligence Claim

On March 1, a federal jury awarded one of our clients more than $2 million in damages. The passenger, a 47 year old man from Trinidad and Tobago claimed that the Norwegian Cruise Lines medical staff was negligent in failing to provide proper treatment after diagnosing him with a heart attack and that he suffered heart muscle damage as a result of the negligent care. NCL argued that their doctors were not negligent, that the heart damage had already occurred by the time the Plaintiff presented to the infirmary and that they had actually saved his life. Waks & Barnett, P.A.’s Andrew Waks, Gary Friedman of Friedman & Friedman, P.A. and appellate attorney Phil Parrish, tried the case. After a 5 day trial and 4 hours of deliberation, the jury found in Plaintiff’s favor. Per coverage in the Miami Herald, “on March 1, the jury found NCL negligent and awarded the passenger $84,000 for loss of past and future services, $800,000 for future medical expenses and….. To continue reading this legal news please click Read full information...

Posted in Admiralty-Maritime Law | Tagged , | Leave a comment

Parties to a contract: demurrage liability under sales contracts – lessons learned from Gunvor SA v. CruGas Yemen Ltd & CruGas Ltd [2018] EWHC 2061 (Comm)

Two Ocean Tankers’ vessels were held in Houthi-controlled Hodeidah, Yemen in 2016 due to a payment dispute. That dispute – for around US$19 million (excluding interest) – has now been decided by an interesting commercial court decision that highlights the importance of careful wording in demurrage provisions. Background The claimant, Gunvor SA (the Seller), entered into a contract (the Sale Contract) in April 2015 with CruGas Yemen Ltd (and/or CruGas Ltd) (the Buyer) for the sale of gasoline in 12 monthly shipments CIF Hodeidah. In order to fulfil the Sale Contract, the Seller had entered into a long-term contract of affreightment (CoA) with one of its group companies, Clearlake Shipping Pte Ltd (Clearlake), in January 2015. The CoA stated that, when the Seller needed a vessel, Clearlake would charter-in a vessel from the open market and then sub-charter her to the Seller “at cost”. In other words, the freight and demurrage rate from each charter….. To continue reading this legal news please click Read full information...

Posted in Admiralty-Maritime Law | Tagged , , , , , , , , , | Leave a comment

Fisherman Hand injury aboard Ocean Rover

The Coast Guard medevaced a 57-year-old male injured crew-man from the 210-foot fishing vessel Ocean Rover approximately 65 miles northwest of Cold Bay, Monday. The crewman had suffered an injury to his finger and was flown to Cold Bay and on to Alaska Regional Hospital in Anchorage... To continue reading this legal news please click Read full information...

Posted in Admiralty-Maritime Law | Tagged , , , , , | Leave a comment

Regal Princess Rescues Two Survivors of Small Plane Crash

A few minutes ago, the Regal Princess rescued two survivors of a small place crash in the Caribbean. The Princess cruise ship was heading toward St. Thomas when the captain announced that there were two people in the water after the airplane crashed. The cruise ship changed course to reach the site of the airplane crash. The vessel’s crew deployed a rescue boat and retrieved a life raft and two people from the plane. One passenger who contacted our office stated that the survivors were located in their life raft and waved to the cruise passengers who were cheering for them when they were rescued. The captain reportedly stated that both people are safe and doing well. The plane reportedly sank and apparently there was not a fuel slick or any debris from the crash. A Coast Guard aircraft reportedly circled over the rescue. Several passenger went to social media to report on the rescue: Amazing while onboard the Regal Princess we just witnessed our crew and the US….. To continue reading this legal news please click Read full information...

Posted in Admiralty-Maritime Law | Tagged , , , , , , | Leave a comment

Destination: Final Coast Guard Report

After a two-year investigation, the U.S. Coast Guard has released its findings regarding the devastating F/V DESTINATION accident that took the lives of all six crew members aboard the vessel. According to Captain Lee Boone, Chief of Coast Guard Investigations, “It just wasn’t one thing”. On February 11th, 2017, the crew of the Seattle-based crab boat, DESTINATION set off into the Bering Sea with a stability report that was more than 20 years old, an exhausted crew, and freezing spray and ice that overloaded the vessel. “Since 1993, some changes had been made to the vessel,” Captain Boone said. “Those should have been incorporated into updated stability instructions that the master could follow.” Continue reading.. To continue reading this legal news please click Read full information...

Posted in Admiralty-Maritime Law | Tagged , , , , | Leave a comment