Casualty, Pollution and Salvage

Since 1830, our maritime attorneys have represented shipowners, manufacturers, insurers, and other maritime industry-related defendants in all facets of casualty litigation including liability and limitation actions, serious personal injury, wrongful death, and occupational disease claims. Many casualty cases are litigated in multiple international jurisdictions and we have significant experience in coordinating and cooperating in such representations.

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Support Around the Clock in Any Part of the World (Rapid Response)

When major maritime casualties or marine environmental incidents occur in the United States, or elsewhere around the world, the Holland & Knight Rapid Response Team is ready to respond on your behalf, at the site and wherever else our lawyers may serve the needs of your situation.

Our Rapid Response Team is equipped to mobilize a multilingual task force of experienced legal specialists, appropriate to the magnitude of the casualty. From first response through government hearings and litigation, a group of 22 maritime attorneys works together to protect your interests every step of the way. We investigate and advise on all aspects:

• vessel loss or damage
• cargo loss or damage
• personal injury and death claims
• natural resources and other environmental damage

Team members may then represent clients at government hearings and in litigation. Team members are also experienced in advising clients in setting up crisis management teams to deal with environmental responses and high volume claims handling.

Speed is Critical

Major casualties frequently involve complex, multi-jurisdictional litigation that requires early positioning to achieve the most favorable outcome. We are available around the clock to respond, to investigate and represent you in hearings and litigation wherever needed, and we maintain a list of foreign legal specialists from which we may assist you in choosing local counsel.

Industry Experience and Legal Know-How

Many of our international maritime law attorneys have served as officers in the Merchant Marine, U.S. Coast Guard, and the U.S. Navy and therefore have practical experience in the maritime, petroleum and chemical industries enabling unparalleled counsel when preparing, reviewing, and testing your operational and contingency plans.

Maritime Personal Injury Defense Litigation

For death or injuries arising in connection with the transportation industry, our maritime law practice includes personal injury defense litigation. Holland & Knight's team approach positions maritime attorneys to work with experienced lawyers in our extensive product liability defense practice, as well as teams of lawyers who specialize in class actions and mass tort litigation.

Representative Cases

• ZIEMIA LÓDZKA/VERTIGO collision in Great Belt in Danish waters, December 7, 2005. Represented the owners of ZIEMIA LÓDZKA in U.S. litigation involving cargo claims against both vessels – will mediate collision fault between vessels before Senior Judge Haight in July 2008.
• TRICOLOR/KARIBA collision in English Channel December 14, 2002. At first trial, we obtained a total victory for Tricolor. Judge Baer exonerated Tricolor and third vessel, Clary, placing 100% of fault on Kariba. The case was appealed to Second Circuit, which upheld significant legal rulings such as application of the 1910 Collision Convention, and non-application of the Pennsylvania Rule. The Second Circuit determined that all three vessels had some fault and remanded for further proceedings. After remand, Judge Baer apportioned fault 63% against Kariba, 20% against Clary, and 17% against Tricolor. Judge Baer also held Tricolor was entitled to limit its liability pursuant to the United States Limitation Act and was exonerated by the error of navigation defense of COGSA. The parties have now filed notices of appeal against the opinion on remand.
• ING 4727, cement barge landed on housing on dry side of levee in the industrial canal as result of Hurricane Katrina. Represented facility owner in conducting on-site investigations, collecting valuable evidence which would have otherwise been lost with passage of Hurricane Rita, and put together team of experts in multiple disciplines to develop the scientific evidence required of litigation.
• Barge EMC 423, cargo oil barge explosion in Cicero, Ill., following which we represented the interests of a major refinery in five weeks of USCG hearings.
• Barge B-125, gasoline barge explosion, Staten Island, NY. We represented the charterer of the barge in USCG hearings and in court, and worked with the facility owners' lawyers to achieve a $25 million settlement for facility damages.
• PRESTIGE, tanker sinking in the Exclusive Economic Zone of Spain, pollution damages over $1 billion, retained by the Kingdom of Spain for ongoing litigation in SDNY against the ship’s classification society.
• LNG Tanker, bottom contact of LNG tanker by surfacing submarine in the Straits of Gibraltar, retained by vessel owner, settled.
• AMERICAN TRADER, hull penetrated while mooring at Huntington Beach, California, sea berth resulting in spill of about 5,000 barrels of Alaska North Slope crude. The firm provided advice and assistance to local counsel and participated in related ICC arbitration with charterers. In 1999, the firm was retained to represent the owner in the trial for apportionment of damages against the charterer (cargo owner) and the terminal interests. The firm also defended the owner in a vigorously contested class-action litigation with commercial fisherman and local business owners.
• Barge TEXAS, "cable fishing" incident in which we represented vessel's P&I insurers in obtaining contribution from hull insurers to damages payments made to cable owners.
• BONA FULMAR, gasoline tanker collision in fog in English Channel in which we represented shipowner in U.S. litigation, resulting in favorable settlement of all claims filed in the U.S.
• NEW WORLD embarrassment of navigation incident in Delaware River resulting in bottom damage and lost earnings. Litigated against offending vessel in SDNY and achieved settlement through mediation.
• NAN SHAN, criminal investigation by USCG and U.S. Attorney, EDNY, concerning alleged oil pollution and illegal oily water separator by-pass, adjourned with no charges filed after intervention by the firm's maritime and criminal defense attorneys.
• Dredge STUYVESANT, oil spill near Eureka, California, NRDA ongoing.
• M/V COMMAND, oil pollution from vessel hull leak near San Francisco, plea bargain, and maritime compliance.
• ALEXIA/ENIF, Represented ALEXIA interests in dramatic collision between the bulk carrier ALEXIA and general cargo vessel ENIF, which spilled 100,000 gallons of bunker oil just outside 3-mile limit near entrance to Southwest Pass in Gulf of Mexico. Successfully prevented U.S. Coast Guard from convening Marine Board of Inquiry to investigate the incident on jurisdictional grounds.
• NEW WORLD/YA MAWLAYA, Collision, fire and explosion off Gibraltar/Morocco. Multiple personal injuries and deaths, extensive vessel damage. The firm rapidly responded on behalf of NEW WORLD interests, commencing on-board investigation within 48 hours. Subsequently represented vessel interests before investigatory boards and acted as lead counsel supervising litigation in Hong Kong, New Orleans, Bombay and other jurisdictions.
• M/V BRAER, Vessel fetched up on Garth’s Ness, near the southern tip of the Shetland Islands in a winter storm, with 85,000 tons of crude oil. We rapidly responded, along with London solicitors, representing the ship owner and P&I Club to assist with MAIB and flagstate investigations, and to conduct our own investigation in order to prepare for any litigation which might ensue.
• SANTA CLARA I, off the New Jersey coast between Sandy Hook and Cape May. Four containers with 432 drums of arsenic trioxide lost over board during heavy weather. The firm responded on behalf of the ship owner and its P&I Club, attended regional response team meetings, worked with the Coast Guard, retained technical experts, and put together the search and salvage plan which enabled early location and recovery and approved disposal of all toxic chemicals at 1/20 the cost estimate given by the U.S. Navy to the USCG. Represented owners in litigation with the U.S. government in its cost recovery action and against third parties who were in part responsible for the loss overboard, obtaining a substantial contribution from the third parties.
• COLUMBUS AMERICA/NEPTUNE JADE, collision in Hampton Roads, Virginia, with extensive oil spill and environmental damage. The firm represented owners of COLUMBUS AMERICA in all aspects of incident response including representatives at governmental hearings and ensuing litigation.
• B.T. NAUTILUS, grounded during approach to charterers’ berth in Kill Van Kull, New York Harbor, resulting in the spill of 260,000 gallons of No. 6 fuel oil. The firm represented vessel interests. On scene within two hours of casualty. Directed initial cleanup response, established claims handling procedures, coordinated public relation efforts and liaised with local, state and federal agencies, including criminal investigations and grand jury proceedings.
• EXXON VALDEZ, grounded in Prince William Sound, Alaska. This casualty led to the passage of the Oil Pollution Act of 1990. The firm advised Alyeska Pipeline interests.