Maritime and Transportation Law

FLYNN, 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.

Federal Workers’ Compensation Claims

The Federal Longshore and Harbor Workers’ Compensation Act is a unique area of law which FLYNN DELICH & WISE LLP has significant expertise in.  We defend numerous stevedore companies, terminal operators, ship repair and construction yards and entities, crane maintenance companies and their insurers throughout the West Coast Ports.  We successfully navigate our clients as they deal with Union issues and compensation claims, to include concurrent jurisdiction and subrogation issues involving third party interests.