Mike McMahon and Kirk Aurandt prevailed against multiple motions for summary judgment in a barge breakaway case where DFK’s client faced a presumption of fault under the General Maritime Law as the bailee of fleeted barges. DFK’s client argued that two ocean-going vessels caused the breakaway as a result of passing the properly moored barges too close and too fast. Both vessel interests filed a motion for summary judgment invoking the presumption against the fleeter and arguing there was no evidence to support their vessels caused an excessive wake or suction effect that contributed to the breakaway. The Honorable Barry Ashe denied the motions prompting vessel owners to resolve the case short of a trial. M/V ADMIRAL BULKER v. United Bulk Terminals, LLC No. 16-16215, 2019 U.S.Dist. Lexis. 102435 (E.D. LA. June 19, 2019) (Ashe).
- New Orleans, Baton Rouge, Northshore