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COVID-19 and Cruise Ship Forum Selection Clauses

The United States Court of Appeals for the Eleventh Circuit today decided another cruise ship forum selection clause case, this time with an outbreak of COVID-19 looming in the background. In Turner v. Costa Crociere S.P.A., plaintiff Turner contracted COVID-19 in the...

New Eleventh Circuit Longshore Injury Case

The U.S. Court of Appeals for the Eleventh Circuit recently affirmed the rule that a longshoreman cannot sue a vessel owner for injuries sustained as a result of an "open and obvious" condition. In Troutman v. Seaboard Atlantic Ltd., handed down today, a longshoreman...

Marine Insurance Warranties: Who Needs a Captain?

A panel of the United States Court of Appeals for the Eleventh Circuit just took aim at an old U.S. Supreme Court precedent in a recent decision involving the loss of a pleasure vessel during a recent hurricane. In Travelers Property Casualty Company of America v....

Athos I: New “Safe Berth” Case from SCOTUS

One theme in the law is the way older commercial concepts often take on an enlarged role in civil litigation. One example is the shipowner's duty to provide a seaworthy vessel to someone who signs on as crew. The oldest cases treat this duty as a sort of "condition...

Marine Insurance Course at CSOL

It's great to be back in the classroom, this time teaching marine insurance. Everything from the Lord Mansfield's landmark eighteenth century opinions to the latest thorny U.S. marine insurance cases.

Note in the Time of Pestilence

These are unprecedented times in which we wonder how many friends and loved ones may fall victim to coronavirus, and when normal economic activity can resume and erase some of the job and financial market losses. For my part I feel lucky in that my business model...

International Arbitration: What’s It All About?

Arbitration is a popular topic but many people in the business world may still wonder what it means. Some aren’t sure about the difference between arbitration and litigation, while others mix arbitration up with mediation. Arbitration and litigation have this much in...