Admirality Law

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

• Walker v. Carnival Cruises - Reversing Circuit Court of Cook County's denial of motion to dismiss pursuant to forum selection clause contained in cruise ticket contract.
  
  
• Hesterly v. Royal Caribbean Cruises - Transferring lawsuit against cruise line to the United States District Court for the Southern District of Florida pursuant to forum selection clause contained in cruise ticket contract.
  
  
• 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."
  
  
• Bode v. Carnival Cruises - Dismissing lawsuit against cruise line pursuant to forum selection clause contained in cruise ticket contract.

• 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.