Although a fuel supplier had already entered into a settlement agreement with a vessel charterer who failed to pay for fuel, that settlement did not prevent the supplier from enforcing a maritime lien against the vessel. Background Addax Energy SA ...

Tagged with: 4th U.S. Circuit Court of Appeals Admiralty Judge Barbara Milano Keenan Judge G. Steven Agee

Where containers shipped by the defendant were subjected to a lengthy customs hold, the shipper was liable for over $1.3 million in demurrage, detention and related charges under the parties’ contract. Frustration of purpose, impossibility and force majeure were insufficient ...

Tagged with: Admiralty Judge Raymond A. Jackson U.S. District Court - Eastern District

Where the owner of a ship detained by Nigeria for more than two years identified property it wanted garnished, its request was denied because it did not provide a sufficient basis to conclude the garnishee held property in which defendant ...

Tagged with: Admiralty Judge Henry Coke Morgan Jr. U.S. District Court - Eastern District

Although a man injured in a barge accident could not assert a claim for unseaworthiness against the tug owner because only a seaman employed by a vessel can make such a claim, he can replead a claim for direct negligence. ...

Tagged with: Admiralty Judge Lawrence R. Leonard U.S. District Court - Eastern District

Although a tort action cannot be based solely on a negligent breach of contract under Virginia law, a plaintiff may, under maritime law, maintain contract and tort claims simultaneously, even if they arise out of the same facts. Background Thomas ...

Tagged with: Admiralty Judge Rebecca Beach Smith U.S. District Court - Eastern District

In this litigation in a longstanding contest over salvage rights to the gold-laden wreck of the S.S. Central America, which sank in 1857 off the South Carolina coast, a Norfolk U.S. District Court does not have jurisdiction to rule on ...

Tagged with: Admiralty Judge Rebecca Beach Smith U.S. District Court - Eastern District

In this in rem action filed by Recov­ery Limited Partnership in this long­standing contest over salvage rights to the gold-laden wreck of the S.S. Cen­tral America, which sank off the coast of South Carolina in 1857, the Norfolk U.S. District ...

Tagged with: Admiralty Judge Rebecca Beach Smith U.S. District Court - Eastern District

In this litigation in the wake of attachment of the vessel Cape Viewer in Chesapeake Bay, the 4th Circuit affirms a district court decision confirming sale of the vessel to intervening plaintiff Noble Chartering Inc. for $8.3 million. Industrial Carriers ...

Tagged with: 4th U.S. Circuit Court of Appeals Admiralty Judge G. Steven Agee

A Norfolk U.S. District Court denies a motion for award of title filed by Recovery Limited Partnership in this longstanding contest over salvage rights to the gold-laden wreck of the S.S. Central America, which sank off the coast of South ...

Tagged with: Admiralty Judge Rebecca Beach Smith U.S. District Court - Eastern District

A former lawyer for Columbus America Discovery Group, which was involved in a salvage operation for the gold-laden wreck of the S.S. Central America off the coast of South Carolina, cannot assert a valid salvage claim based on his attorney’s ...

Tagged with: 4th U.S. Circuit Court of Appeals Admiralty Judge Paul V. Niemeyer