|By PR Newswire||
|January 15, 2013 06:40 PM EST||
NEW YORK, Jan. 15, 2013 /PRNewswire/ -- The U.S. Supreme Court issued a decision today in the case of Fane Lozman v. The City of Riviera Beach, Fla. The court ruled 7-2 in favor of Fane Lozman, who argued that his floating home was not a vessel and therefore not subject to arrest under maritime law. The majority opinion authored by Justice Stephen Breyer concluded that not everything that floats is a "vessel" under federal maritime law, and that, from now on, a structure does not qualify as a vessel "unless a reasonable observer, looking to the [structure's] physical characteristics and activities, would consider it designed to a practical degree for carrying people or things over water." The decision and its new articulation of the vessel-status test have far-reaching implications for not only those who own or reside in floating homes, but also for a range of industries dealing with maritime vessels and off-shore and near-shore floating structures, including the equipment finance, energy, insurance and marine supply industries.
Dissenting Justice Sonia Sotomayer, joined by Justice Anthony Kennedy, largely agreed with key elements of the majority decision, such as the Court's express rejection of an owner's subjective intent as relevant to the vessel status inquiry and the rejection by the majority of what it viewed as the "if it floats, it's a vessel" ruling of the court below. The dissent took issue, however, with the majority's new "reasonable observer" test for vessel status, likening it to the largely discredited "I know it when I see it" test for obscenity espoused nearly fifty years ago by Justice Potter Stewart.
Vedder Price has a longstanding U.S. and international maritime practice and has been involved in this case for over a year. Its shareholders Francis X. Nolan, III and John C. Cleary submitted an amicus curiae brief in the case on behalf of The Maritime Law Association of the United States. While not for attribution to any of the firm's clients, Vedder Price offers these observations and insights about today's decision. These thoughts are wholly our own and not for attribution to the MLA.
Mr. Nolan is a member of Vedder's Global Transportation Finance practice and is also a member of the Board of Directors of the Maritime Law Association and Chair of its Standing Committee on Marine Finance. Mr. Nolan stated, "By stating that a watercraft may pass in and out of 'vessel' status, today's decision left lingering questions, such as whether a permanently moored structure or vessel in layup remains a vessel for purposes of vessel documentation. This ambiguity has far-reaching implications for mortgage financing of ships and insurance of ships, as well as the status of the gaming industry's floating casinos and vessels in long term 'cold layup.' I would think this ruling would at least drive mortgage lenders to review and revise their loan covenants. Also marina operators should be aware that if the 'reasonable observer' finds a floating structure not to be a vessel, the owner may enjoy special rights under local landlord and tenant law. The 'reasonable observer' standard is not the bright line we had hoped for."
John C. Cleary, Vedder Price Shareholder in the Litigation Practice Area, in response to the ruling stated: "The Court's new 'reasonable observer' test for vessel status draws upon past precedent and the facts presented in Lozman to provide practical guidance to the maritime community for future cases. It remains to be seen, however, whether the new test will achieve its intended objective of uniformity and clarity on this pivotal issue of maritime law and jurisdiction, or instead will give rise to threshold litigation of the meaning and application of the new vessel status test to particular facts."
Experts from Vedder Price are available to comment on the Supreme Court's decision and its implications.
About Vedder Price:
Vedder Price is a thriving general-practice law firm with a proud tradition of maintaining long-term relationships with its clients, many of whom have been with the firm since its founding in 1952. With approximately 275 attorneys and growing, Vedder Price serves clients of all sizes and in virtually all industries from offices in Chicago, New York, Washington, DC and London.
SOURCE Vedder Price
Skeuomorphism usually means retaining existing design cues in something new that doesn’t actually need them. However, the concept of skeuomorphism can be thought of as relating more broadly to applying existing patterns to new technologies that, in fact, cry out for new approaches. In his session at DevOps Summit, Gordon Haff, Senior Cloud Strategy Marketing and Evangelism Manager at Red Hat, discussed why containers should be paired with new architectural practices such as microservices rathe...
Sep. 1, 2015 01:00 AM EDT Reads: 404
SYS-CON Events announced today that G2G3 will exhibit at SYS-CON's @DevOpsSummit Silicon Valley, which will take place on November 3–5, 2015, at the Santa Clara Convention Center in Santa Clara, CA. Based on a collective appreciation for user experience, design, and technology, G2G3 is uniquely qualified and motivated to redefine how organizations and people engage in an increasingly digital world.
Aug. 31, 2015 11:00 PM EDT Reads: 498
Any Ops team trying to support a company in today’s cloud-connected world knows that a new way of thinking is required – one just as dramatic than the shift from Ops to DevOps. The diversity of modern operations requires teams to focus their impact on breadth vs. depth. In his session at DevOps Summit, Adam Serediuk, Director of Operations at xMatters, Inc., will discuss the strategic requirements of evolving from Ops to DevOps, and why modern Operations has begun leveraging the “NoOps” approa...
Aug. 31, 2015 10:30 PM EDT Reads: 396
Too often with compelling new technologies market participants become overly enamored with that attractiveness of the technology and neglect underlying business drivers. This tendency, what some call the “newest shiny object syndrome,” is understandable given that virtually all of us are heavily engaged in technology. But it is also mistaken. Without concrete business cases driving its deployment, IoT, like many other technologies before it, will fade into obscurity.
Aug. 31, 2015 09:00 PM EDT Reads: 364
Organizations from small to large are increasingly adopting cloud solutions to deliver essential business services at a much lower cost. According to cyber security experts, the frequency and severity of cyber-attacks are on the rise, causing alarm to businesses and customers across a variety of industries. To defend against exploits like these, a company must adopt a comprehensive security defense strategy that is designed for their business. In 2015, organizations such as United Airlines, Sony...
Aug. 31, 2015 07:15 PM EDT Reads: 482
The Internet of Things is in the early stages of mainstream deployment but it promises to unlock value and rapidly transform how organizations manage, operationalize, and monetize their assets. IoT is a complex structure of hardware, sensors, applications, analytics and devices that need to be able to communicate geographically and across all functions. Once the data is collected from numerous endpoints, the challenge then becomes converting it into actionable insight.
Aug. 31, 2015 07:00 PM EDT
Puppet Labs has announced the next major update to its flagship product: Puppet Enterprise 2015.2. This release includes new features providing DevOps teams with clarity, simplicity and additional management capabilities, including an all-new user interface, an interactive graph for visualizing infrastructure code, a new unified agent and broader infrastructure support.
Aug. 31, 2015 06:30 PM EDT Reads: 521
Consumer IoT applications provide data about the user that just doesn’t exist in traditional PC or mobile web applications. This rich data, or “context,” enables the highly personalized consumer experiences that characterize many consumer IoT apps. This same data is also providing brands with unprecedented insight into how their connected products are being used, while, at the same time, powering highly targeted engagement and marketing opportunities. In his session at @ThingsExpo, Nathan Trel...
Aug. 31, 2015 06:00 PM EDT Reads: 243
Amazon and Google have built software-defined data centers (SDDCs) that deliver massively scalable services with great efficiency. Yet, building SDDCs has proven to be a near impossibility for ‘normal’ companies without hyper-scale resources. In his session at 17th Cloud Expo, David Cauthron, founder and chief executive officer of Nimboxx, will discuss the evolution of virtualization (hardware, application, memory, storage) and how commodity / open source hyper converged infrastructure (HCI) so...
Aug. 31, 2015 04:45 PM EDT
In their Live Hack” presentation at 17th Cloud Expo, Stephen Coty and Paul Fletcher, Chief Security Evangelists at Alert Logic, will provide the audience with a chance to see a live demonstration of the common tools cyber attackers use to attack cloud and traditional IT systems. This “Live Hack” uses open source attack tools that are free and available for download by anybody. Attendees will learn where to find and how to operate these tools for the purpose of testing their own IT infrastructu...
Aug. 31, 2015 04:30 PM EDT Reads: 458
The web app is agile. The REST API is agile. The testing and planning are agile. But alas, data infrastructures certainly are not. Once an application matures, changing the shape or indexing scheme of data often forces at best a top down planning exercise and at worst includes schema changes that force downtime. The time has come for a new approach that fundamentally advances the agility of distributed data infrastructures. Come learn about a new solution to the problems faced by software organ...
Aug. 31, 2015 04:30 PM EDT
With the Apple Watch making its way onto wrists all over the world, it’s only a matter of time before it becomes a staple in the workplace. In fact, Forrester reported that 68 percent of technology and business decision-makers characterize wearables as a top priority for 2015. Recognizing their business value early on, FinancialForce.com was the first to bring ERP to wearables, helping streamline communication across front and back office functions. In his session at @ThingsExpo, Kevin Roberts...
Aug. 31, 2015 03:15 PM EDT
IBM’s Blue Box Cloud, powered by OpenStack, is now available in any of IBM’s globally integrated cloud data centers running SoftLayer infrastructure. Less than 90 days after its acquisition of Blue Box, IBM has integrated its Blue Box Cloud Dedicated private-cloud-as-a-service into its broader portfolio of OpenStack® based solutions. The announcement, made today at the OpenStack Silicon Valley event, further highlights IBM’s continued support to deliver OpenStack solutions across all cloud depl...
Aug. 31, 2015 03:00 PM EDT Reads: 248
Red Hat is investing in Tesora, the number one contributor to OpenStack Trove Database as a Service (DBaaS) also ranked among the top 20 companies contributing to OpenStack overall. Tesora, the company bringing OpenStack Trove Database as a Service (DBaaS) to the enterprise, has announced that Red Hat and others have invested in the company as a part of Tesora's latest funding round. The funding agreement expands on the ongoing collaboration between Tesora and Red Hat, which dates back to Febr...
Aug. 31, 2015 02:45 PM EDT Reads: 376
With the proliferation of connected devices underpinning new Internet of Things systems, Brandon Schulz, Director of Luxoft IoT – Retail, will be looking at the transformation of the retail customer experience in brick and mortar stores in his session at @ThingsExpo. Questions he will address include: Will beacons drop to the wayside like QR codes, or be a proximity-based profit driver? How will the customer experience change in stores of all types when everything can be instrumented and a...
Aug. 31, 2015 02:30 PM EDT Reads: 457