- Wrongful DeathHe has recently defended a collision case between a tug and barge and a pleasure boat, involving the wrongful death of one of the boat’s passengers, from the U.S. Coast Guard investigation through litigation and court-supervised settlement. Kirk has also litigated collision cases through trial, including one involving a tanker and tug boat where substantial loss of use was claimed and another one involving a Ro-Ro vessel and a pleasure boat, in which he obtained favorable judgments in both cases for the firm’s clients. One of the more unique cases he has handled involved a three-way collision between a container vessel, bulk carrier, and a tanker, in which all three vessels sustained significant hull damage. A very favorable settlement was obtained for the firm’s client, the tanker owner, including substantial loss of use damages.
- RobberyThe court’s decision relied heavily upon the U.S. Supreme Court’s decision in U.S. v. Smith, 18 U.S. (5 Wheat.) 153 (1820), where piracy under the law of nations was defined as “robbery on the sea.” After reviewing the source of both definitions, the court determined that the definition of piracy in Smith had been consistently applied by U.S. courts since 1820, and that the more expansive definition of piracy provided under customary international law was unsettled and therefore, would deprive the defendants of their due process rights by rendering § 1651 unconstitutionally vague.
- Theft
- Business DisputesWe frequently provide advice to clients regarding the negotiation and drafting of a variety of maritime contracts, including charter parties, vessel sharing agreements, ship management contracts, connecting carrier agreements, towing agreements, service contracts, bills of lading, and confidentiality agreements, as well as hold harmless and indemnity clauses in a wide variety of commercial contexts. Our advice is based on an understanding of the current state of the law as tempered by our hands-on experience litigating maritime contract disputes.
- Workers CompensationRight of owner and bareboat charterer of barge to seek exoneration from or limitation of liability pursuant to the U.S. Limitation of Liability Act of 1851 upheld despite application of New York State workers' compensation claim nearly two years before limitation proceeding was commenced. A copy of the Northern District of New York's decision can be read here. Right of NVOCC to Rely On COGSA Package Limitation Defense Upheld Despite Allegations of Criminal Theft and Non-Issuance of Bill of Lading
- Construction LitigationOur emphasis in handling construction litigation is to provide cost-effective service to our clients from the outset in order to avoid incurring litigation expenses which are disproportionate to the value of the claim – something that occurs all too often in protracted construction disputes.
- Property DamageThe firm also has a growing practice in defending owners, developers, contractors, subcontractors, suppliers, design professionals, and their insurers in construction disputes, including construction defect claims, property damage resulting from soil collapses or other casualties, and claims brought under New York’s Labor Laws.
- Personal InjuryThe firm has extensive experience serving the maritime and transportation community in the defense of maritime personal injury claims brought under the Jones Act and the Death on the High Seas Act, as well as third-party claims brought under § 905(b) of the Longshore and Harbor Workers’ Compensation Act.
- Debt CollectionThe firm assists many clients with both domestic and foreign debt collection in commercial cases and has considerable experience in identifying and seizing assets to satisfy existing debts or to obtain security for anticipated judgments or arbitration awards. The firm keeps apprised of the latest developments in attachment and judgment enforcement procedures under both New York State and Federal law, and has a track record of successes in both obtaining security on behalf of clients, as well as assisting clients in defending against such enforcement proceedings.