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Legal Lookout Archive (1998-2005)



2005

December: Ocean Hazmat Shippers Beware: IMDG Code Compliance May Not Suffice

November: Railroad Antitrust Immunity: A Needed Quid Pro Quo, or a Solution to No Problem?

October: SAFETEA: The End of Licensing and Bonding Requirements for Surface Brokers and Freight Forwarders?

September: Hazmat Shipping: The Broadening Definition of "Offeror"

August: NVOCC Service Contracting: the Intermediary Industry Seeks Full Equality in Contractual Freedom

July: Urban Hazmat Rail Transit: Balancing Risk and Industrial Necessity

June: The Railroad Competition Act of 2005: Fine Tuning Capitalism to Help Remotely Located Railroad Shippers

May: Ocean Transportation Intermediary Liability: Baseless Finger Pointing Costs a Shipper Big Bucks

April: Salted Beef: Who Presides Over Ocean Shipping Disputes, When, and Why

March: Liening on Subfreights: A Deadbeat Charterer Can Get Its Shippers into Trouble

February: NVOCCs Enter the Modern World with Contract Freedom

January : Backtracking Through the Himalayas: The U.S. Supreme Court Rules Connecting Railroad's Liability is Limited by Ocean Bills of Lading


2004

December: One Arm Out of the Stockade: FMC Appears Poised to Grant NVOCCs Contract Freedom

November: Uncle Sam Reacts to Europe's Unfair Customs Clearance Treatment

October: Trucker Hours of Service: The Wait Continues

September: The Latest Stage in the Bill of Lading's Evolution

August: The New Wave of Maritime Asbestos Litigation

July: Maritime Arbitration: Dispute Resolution Outside the Courtroom

June: Are Transportation Intermediaries Insurance Brokers?

May: Salty Traffic Laws: from Counting Whistles to Hugging Narrow-Channel Banks

April: Streamlining Federal Security Programs: How Customs Bundles Them Together

March: The 24-Hour Rule: the Early "Heads Up" to Customs About Inbound Freight and Its Impact

February: The Container Security Initiative: Pushing out the Front Lines in the War on Terrorism

January : The Customs-Trade Partnership Against Terrorism: Government and Industry Join Forces Against Common Foes


2003

December: A Steamship Line Dodges a Motor Carrier

November: No Class Act: A Bad Survey Lands a Classification Society in Hot Water

October: Maritime Negligence: Who Gets to Pay When Something Goes Wrong, and How Legal Liability Can Be Dodged

September: Eradication of NVOCC Tariff Requirements? OTIs Pound on the FMC’s Door

August: A Crash Course: What Happens When Vessels Hit Things

July: Mandatory Motor Carrier Insurance: You're Covered Whether or Not You Know It or Need It

June: The Continuing Saga of Cargo Liability Reform: the Debate Goes International

May: Resonation from a Bygone Era: Few Mourn at Common Carriage’s Funeral

April: An Ocean Intermediary's Bill Doesn't Protect an Inland Carrier, . . .or How a Railroad Slipped Through the Himalayas

March: Uncle Sam Can Escape Liability for Maritime Torts at His Discretion

February: Shippers Beware! You May Be Paying Freight Forwarders at Your Own Peril!

January : East Coast Truckers Want the Meter Running While They Wait for Loads from Congested Ports


2002

December: Legal Aftershocks from the West Coast’s Port Closures: the FMC Wags its Finger at Carriers

November: Force Majeure: Escaping Contractual Obligations by Divine Intervention

October: The In Extremis Doctrine: Maritime Law Recognizes the Tough Tasks Vessel Masters Face in Crisis Situations

September: The Trade Act of 2002: Post 9/11 Security Concerns Prompt New Shipping Policies in the Context of International Commerce

August: Coming to a Head: Intermediaries Lash Out Against Carriers for Alleged Squeeze Out

July: What You Don’t Know Can Hurt You: a Shipper Takes the Rap for Hazmat Cargo It Had No Reason to Suspect was Dangerous

June: Should MARAD Scrutinize Ocean Charters to Enhance National Security? A Congressional Committee Report Suggests So

May: The Sophisticated Shipper Doctrine: Look Out! The Longer You’ve Been in the World of Shipping, the More You’re Presumed to Understand

April: Legal Cross Currents with China: The PRC Promulgates Anti-OSRA Shipping Policies

March: WTSA’s Reefer Trade Management Program: Creative Cooperation or a Can of Worms?

February: Kyodo Won’t be Shanghai’ed: A Foreign Forum Selection Clause Isn’t Enforceable Under Carmack

January : Hauling a Boat Into Court: The In Rem Action of Maritime Law


2001

December: Uniformity: the Guiding Precept of American Maritime Law

November: The Latest on Cargo Liability Reform: Industry Trade Groups Take the Issue International

October: Marine Security Procedures after the Terrorist Attack of September 11, 2001 (Searching for Words Amidst the Rubble)

September: The U.S. Federal Maritime Commission Patrols the Waters of Japan's Unfair Port Practices

August: Point-Counterpoint Which Party Should Bear More Burden?

July: Chipping Away at the Jones Act: Proposed Regs and Statutes May Change the Coastwise Waterfront

June: Cargo Preference Waivers: MARAD Gives U.S. Exporters a Break

May: The Maritime Policy Improvement Act of 2001: Congress Leans Toward New Lien Law

April: Deviation: Shippers' Rights when Carriers Take the Long Way Home

March: Crossing the Tracks: An Innovative Freight Forwarder Steams Into the World of Intermodal Connections

February: The Plight of the NVOCC: Part II

January : The Plight of the NVOCC: Part I


2000

December: The Port and Maritime Security Act of 2000: Here Comes the Cavalry!

November: Limitation of Liability: the Carrier's Ace in the Hole

October: Maritime Salvage: the Big Business of Saving Vessels, Cargo and Equipment

September: Out of the Way, Gateway! And Don’t Forget to Pay!

August: The Uncertain Future of Carrier Antitrust Immunity

July: Attention Foreign Carriers: The Taxman Cometh!

June: Traversing Transportation Techno-babble: FMC Takes on the Web

May: What's Up with COGSA Reform?

April: The Harbor Maintenance Tax Refund for Exporters: An Appellate Court Sweetens the Pot

March: Port Truck Drivers: Being Your Own Boss Has Its Downsides

February: Exculpatory Clauses: What Happens When You Try to Write Off Your Own Negligence

January : Marine Terminal Operators: How Deregulation Impacts the Docks


1999

December: You Can Take the Man Out of the Sea, But Not the Seaman Status Out of the Crewmember

November: Deregulation is Underway: What Intermediaries Should Do in the Interim

October: Maritime Liens: a Totem Pole of Debt Security

September: Intermodal Infighting: Carriers Empty Bench Over Container Conveyances

August: Lost Profits Caused by Maritime Accidents Often are Not Recoverable

July: The Oil Pollution Act of 1990: A Slippery Slope of Carrier Liability

June: Just Passin' Through? U.S. Maritime Law Won't Touch You

May: Ocean Shipping Reform Takes Effect

April: Taking Uncle Sam to Task: Suing the Government for Maritime Claims

March: What Shippers Can Recover from Carriers Who Lose or Damage Cargo

February: The Himalaya Clause

January: Carriers Can Force Shippers to Sue Abroad at Least for the Time Being


1998

October: Shippers Associations: The Ups and Downs

September: Status of Ocean Shipping Reform Legislation

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