Posted on 04/13/2021 8:51:09 AM PDT by zeestephen
Maritime data company Lloyd's List said the blockage by the vessel, longer than four football fields, held up an estimated $9.6 billion-worth of cargo between Asia and Europe each day it was stuck.
(Excerpt) Read more at msn.com ...
Hmmmmm.
Huh?
Sentence first.
Trial later.
Meanwhile Exxon skated on the Valdez fiasco. 7 Billion Dollars in damages?
Meh.
It is now the owners of the Ever Given that are stuck between a rock and a hard place.
Seems a bit excessive but you knew there would be some kickback from this
So that’s why my mountain bike jersey is taking so long.
If you call about $1 billion skating.
Standard, common, reoccurring practice in Maritime Law is to seize any vessel with outstanding debts.
Everybody overcharges and then settles.
So if I slip and fall in the hallway of a restaurant, and it takes EMS an hour to remove me, the restaurant can sue me for the lost patrons during that hour?
Totally reasonable and to be expected, IMHO.
The policy idea underlying the concept of "maritime lien" is to encourage parties engaged in things like emergency maritime rescue, salvage operations, port services, canal operators (as here) to render services (rescue the sailors, salvage cargo, load and unload ships, speed the ship's passage through a canal, etc.) without payment but with the promise that the creditor may sue naming the ship itself as debtor anywhere the creditor can locate and place a prejudgement attachment on the ship. This seems to be what Egypt has done.
Instead of suing the owners of the ship, Egypt just filed a case that we might call Egypt vs. SS Ever Given and slapped her with a prejudgement arrest order. Upon granting judgment, Egypt will simply auction of the ship and place the proceeds against the amount of damages awarded. Egypt can still then go after the owners for any deficiency.
An Egyptian pilot was at the helm....
“So if I slip and fall in the hallway of a restaurant, and it takes EMS an hour to remove me, the restaurant can sue me for the lost patrons during that hour?”
If that restaurant is a sovereign state, then the answer is yes.
“An Egyptian pilot was at the helm”
Except in the Panama Canal, the master is still in charge, he can counterman the pilot. I have actually done that.
MSN.com reporters sure post a lot of solid news...
Certainly the one fact in the ship owners favor is that a pilot employed by the Suez Canal was in control.
Unless there was a mechanical failure that led to the incident....
How so? Exxon paid $2 billion in cleanup costs, and another $1.8 billion for restoration and personal damages.
As with all things deemed "environmental" the damages were grossly overstated.
What if you crash your car into the drive-in? You shut down the restaurant for several days, and cause damage to the building.
Could the restaurant hold your car until the lawsuit over damages is resolved?
(I don’t actually know. It seems an interesting legal question)
I read that she is Egypt's first female harbor pilot.
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