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Learn law before adding guns on board

For recreational boaters, piracy often seems as remote as Somalia – where four cruisers were killed following the hijacking of the Quest, a 58-foot sailing vessel. Certainly, the crew of four aboard the Joe Cool never suspected that their minutes were numbered and tragedy – as opposed to Bimini – would be their destination as the 47-foot sport […]

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 […]

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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