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The Changing Waterfront – After Lozman: The Plaintiff’s Lawyer Perspective

I. Introduction Poet James Whitcomb Riley (1849–1916) may have coined the phrase when he wrote: “When I see a bird that walks like a duck and swims like a duck and quacks like a duck, I call that bird a duck.”  Now, the Supreme Court has echoed that parable by the development of the “reasonable […]

Commercial Salvor required to return to Spain 500 million in treasures

Federal Register Odyssey Verified Claim of The Kingdom of Spain This case originated by ODYSSEY MARINE EXPLORATION, INC., arresting THE UNIDENTIFIED, SHIPWRECKED VESSEL, its apparel, tackle, appurtenances and cargo in rem – much like any other “finds’ case or “salvage” claim. The Kingdom of Spain filed a Verified Claim, based upon the Public Notice to […]

Court extends indemnity in the BP-Transocean Drilling Contract to include Transocean’s “gross negligence,” but excludes indemnity for civil penalties and punitive damages.

On January 26, 2012, the Court entered its finding(s) 1) That BP is required to indemnify Transocean for compensatory damages asserted by third parties against Transocean related to pollution that did not originate on or above the surface of the water, even if the claim is the result of Transocean’s strict liability (including OPA and […]

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