MARITIME AND TRANSPORTATION LAWFLYNN, DELICH & WISE LLP has its roots in the practice of maritime and transportation law and it remains a very significant focus of our practice. The firm was founded by former partners of the Maritime Department of Graham & James in San Francisco and Long Beach. We have represented vessel owners, operators and charterers as well as terminal operators and stevedore companies, equipment lessors and lessees – in addition to their insurers – in a multitude of maritime and admiralty matters.
Our maritime and transportation practice covers a broad spectrum of matters facing companies in the maritime and transportation industries.
Personal Injury and Death
A significant portion of our practice involves the defense of vessel and other maritime interests in personal injury and wrongful death litigation. These include cases brought by seamen and passengers as well as longshore and other harbor workers. Some of these matters arise out of incidents occurring on ships on the high seas. Others arise out of incidents while the vessels are at berth or drydock. Still others arise out of occurrences on the dock or within a terminal.
Marine Pollution, Collisions and Groundings
We have substantial experience in representing clients in incidents involving collisions, groundings and the release of oil and other hazardous substances into the environment. FLYNN, DELICH & WISE LLP attorneys are available on an around the clock basis when these incidents occur. Our experience includes investigating these matters, establishing a command center, providing advice relating to the matter, dealing with governmental agencies, litigating issues relating to the allocation of responsibility among the parties, and negotiating resolutions. Our expertise encompasses issues arising under federal law, including OPA ’90, as well as state and local law.
Represented a maritime industry group in its successful Clean Air Act challenge to emissions standards for vessel auxiliary diesel engines adopted by the California Air Resources Board in 2006. Pacific Merchant Shipping Association v. Goldstene, 517 F.3d 1108 (9th Cir. 2008).
Represented China Shipping in 2004 negotiations with the Port of Los Angeles and the Natural Resources Defense Council to reach landmark “green” terminal agreement among the three parties for the marine terminal at Berth 100 in the Port of Los Angeles. By this Agreement, China Shipping became the first container shipping company in the world to “cold-iron,” i.e., shut down its ships’ diesel engines and use electricity from the shore side grid to power the ships while alongside the dock. The Agreement also included a commitment by the terminal to use the most modern emissions reduction technology and alternative fuels to power its cargo handling equipment. The Port agreed to provide substantial subsidies for the environmental measures adopted. All of the ships that call at the terminal now cold-iron while alongside. The Agreement established the first green container terminal in the United States and stands as a good example of how the maritime industry, port authorities and environmentalists can work together to further environmentally responsible economic growth.
Represents a major ocean carrier in connection with a high profile oil spill in the San Francisco Bay.
Ocean Cargo
FLYNN, DELICH & WISE LLP regularly represents vessel owners and charterers, freight forwarders and “non-vessel operating common carriers” – as well as their insurers – in cases involving claims for cargo loss or damage. These cases range, for example, from damage to a portion of the cargo in a single container to the loss of hundreds of containers overboard or damaged as a result of a major casualty at sea.
Intermodal
The use of containers and chassis in maritime and shoreside transportation gives rise to particularized issues. This equipment is often owned by a leasing company, leased to an ocean carrier, and then interchanged to a trucking company or railroad. Over-the-road accidents lead to personal injury and death claims as well as those for damage to or loss of cargo. FLYNN, DELICH & WISE LLP has gained a national reputation in representing vessel interests – typically ocean carriers and their insurers – in the litigation, arbitration and mediation of these matters as lead or monitoring counsel.
These cases usually involve issues arising under tort law, but also have complex contract and insurance aspects depending on the relationships of the parties. We are especially proud of our track record in recovering attorneys’ fees and costs, on behalf of our clients, against trucking companies and railroads. These recoveries are based upon theories of contractual or equitable indemnity. Since becoming involved in these matters, we have recovered more than $2.8 million in fees and costs on behalf of our clients.
Intermodal carriage also has a cargo and property loss and damage aspect. Defense of cargo actions increasingly involves multiple carriers (such as an ocean carrier, a “non-vessel operating common carrier” (“NVOCC”), a freight forwarder, a railroad and a trucking company), At the same time, railroads are becoming aggressive in pursuit of shippers when it is alleged that the packing, loading or stowage of cargo causes or contributes to derailment. This is significant because “the shipper of record” for the railroad is in many cases an ocean carrier or NVOCC. FLYNN, DELICH & WISE LLP is at the forefront of this growing and developing area of law.
Maritime Contracts and Liens
FLYNN, DELICH & WISE LLP is experienced in the negotiation and drafting of a wide variety of maritime contracts. These include bills of lading, terminal agreements with vendors, customers, ports, and port authorities, charter and towage agreements, and passenger ticket contracts. We represent vessel owners. charterers, and terminal operators in negotiating these agreements and in litigation, arbitration and mediation with disputes arise.
We are also experienced in matters involving maritime lien claims. These arise out of casualties or commercial disputes and are asserted against a vessel. Our experience includes the representation of both vessel interests and suppliers in these matters. In some instances, these cases also involve bankruptcy issues or limitation of a vessel’s liability.
Global Transportation and Logistics Providers
A growing aspect of our practice is providing litigation representation and legal counseling to global transportation and logistics providers. As more shippers seek to outsource their shipping functions, companies have filled the gap by providing a one-stop source for all modes of carriage and other logistics support such as warehousing. FLYNN, DELICH & WISE LLP provides the necessary fusion of transportation law background with broader legal knowledge to meet the challenges that face any company seeking to weave through the intricate web of multimodal transportation.
Air Cargo
Another growing aspect of our transportation practice is the representation of freight forwarders and similar interests in cases involving the loss of or damage to air cargo. These cases often involve international airlines and raise issues under the Warsaw Convention as well as the air waybills issued by the freight forwarders and airlines. Among the issues typically litigated are the respective rights and obligations of the various parties as well as any limitation to their ultimate liability.
COMMERCIAL LITIGATION FLYNN, DELICH & WISE LLP has represented plaintiffs and defendants in a broad range of national and international commercial disputes, including state and federal court litigation, arbitrations, mediations and appeals. We are experienced in various aspects of business and commercial litigation, including cases involving contracts, torts and creditors’ rights.
Our litigation practice also includes defense of product liability claims and consumer class action claims brought under provisions of the California Business & Professions Code and the Consumer Legal Remedies Act.
BUSINESS LAW COUNSELINGFLYNN, DELICH & WISE LLP provide general legal advice and support to U.S. and international companies, both in and out of the transportation industry. To that end, we provide flexible, cost-effective legal assistance to in-house counsel as well as “outside general counsel” services to companies without internal counsel.
INSURANCE COVERAGEFLYNN, DELICH & WISE LLP provides a full range of counseling and litigation services to our clients on insurance coverage issues. We are experienced in evaluating various types of insurance policies and have successfully resolved claims relating to the scope of insurance coverage, bad faith denial of coverage, the relationship between insurance coverage and contractual indemnity clauses, and the respective coverage of multiple policies.
ALTERNATIVE DISPUTE RESOLUTIONResolution of cases by a method as an alternative to a trial has become increasingly important. “Alternative Dispute Resolution” (“ADR”) is a general term that encompasses several different methods of dispute resolution. Of those, mediation and arbitration are the methods most commonly employed. The partners and associates of FLYNN, DELICH & WISE LLP are experienced and skilled as advocates in representing our clients in mediation and arbitration in a wide variety of matters. We are keenly aware of the fact that mediation or arbitration can often lead to a more satisfactory and cost-effective result for our clients, and we actively seek out those appropriate situations.
In addition, some of our attorneys are trained as mediators or “neutrals”, giving us the opportunity to provide alternative dispute resolution to parties we do not otherwise represent. We have mediated a variety of disputes – both those ordered to mediation by a court and those agreed to by the parties. ADR is an expanding area of our practice.
FLYNN, DELICH & WISE LLP provides a full range of counseling and litigation services to our clients on insurance coverage issues. We are experienced in evaluating various types of insurance policies and have successfully resolved claims relating to the scope of insurance coverage, bad faith denial of coverage, the relationship between insurance coverage and contractual indemnity clauses, and the respective coverage of multiple policies.