In addition
to its substantial experience with commercial litigation,
K&W dedicates substantial energy to the area of
admiralty and maritime law. The firm advises some
of the Midwest’s largest shippers on their transportation
and related agreements with motor, rail and water
carriers such as standard motor carriage agreements,
bills of lading, other contracts of affreightment,
service contracts and contracts to charter barge flotillas
or ocean-going vessels. In addition, K&W has successfully
represented such clients as Royal Caribbean Cruises,
Ltd., Carnival Corporation, Celebrity Cruises, Canodros,
S.A. and Radisson Seven Seas on matters relating to
jurisdiction and venue, such as transferring these
cases based on forum-selection clauses or the lack
of minimum contacts with the United States.
The firm has substantial experience with transportation
related litigation, including claims for cargo damage,
fire, unseaworthiness, non-payment
of freight, deadfreight, indemnity, repatriation of
deserters, personal injury
or union claims for stevedoring services allegedly
provided. K&W has
been designated the correspondent attorneys for the
Norwegian protection and indemnity club Assuranceforeningen
Gard in the Port of Chicago and frequently handles
allision, arbitration, freight, cargo damage and personal
injury claims for some of the world’s largest
fleets in three Great Lakes and the Upper Mississippi
and Ohio River Valleys. The firm also has arrested
and attached vessels and cargoes for non-payment of
freight or property damage throughout the United States,
and advises numerous clients on
their maritime affairs, including compliance with
U.S. Army Corps of Engineers permitting.
Representative
Matters
•
Duferco Steel, Inc. v. M/V KALISTI –
Affirming dismissal of consignee's cargo damage claim
against vessel and her owners because charter party,
incorporated by reference in the bills of lading,
required that arbitration be brought in London within
one year of the loss.
• Perzy
v. Intercargo Corporation –
Great-grandson of the inventor of Schneekugeln (you
know, those water-filled globes you shake to get the
snow to fall on some adorable scene) recovers loss
after freak Siberian cold front causes globes to explode,
despite insurance company's contention that expansion
of water in freezing temperatures constituted an "inherent
vice."
• Moraites
v. Royal Caribbean Cruises, Ltd. –
Transferring passenger's personal injury claim to
Florida pursuant to ticket's forum selection clause.
• United
States v. Fox River Marine Services, Inc. –
Defended injunctive action brought by U.S. Army Corps
of Engineers to limit the number of piers marina could
place in the Fox River.
• Evergreen
Marine Corp. v. Division Sales, Inc. –
Prosecuting replevin and damages action against parties
which wrongfully took possession of Chinese cargo.
•
In Re Petition of Great Lakes Dredge & Dock Company
for Limitation of or Exoneration from Liability
– Flotilla owner
which removed and reinstalled dolphins in the Chicago
River and alleged eight months later to have caused
the April 13, 1992 Chicago Flood entitled to seek
limitation of or exoneration from liability pursuant
to the 1850 admiralty statute. This currently is the
Supreme Court's leading case on admiralty jurisdiction.
(With McDermott, Will & Emery.)
• In
the Matter of Oil Spill by the AMOCO CADIZ off the
Coast of France on March 16, 1978 –
Represented the world's oldest active shipyard which
built, among other vessels, the NINA, PINTA, SANTA
MARIA and AMOCO CADIZ. Case involved the 1978 oil
spill off the Brittany Coast. (With McDermott, Will
& Emery.)
• Namrata
Shah v. Canodros, S.A. –
Successful dismissal of passenger's personal injury
claim based on lack of personal jurisdiction.
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