Baldwin Haspel Burke & Mayer LLC

Maritime Update: U.S. Supreme Court to Address Safe Berth Clause

Bill Schwartz - 

This fall, the U.S. Supreme Court will take up the issue whether under federal maritime law a safe berth clause in a voyage charter contract is a guarantee of a ship‘s safety. This is the holding in the U.S. Courts of Appeals for the 2nd and 3rd Circuits. However, it is instead a “duty of due diligence” as held by the U.S. Court of Appeals for the 5th Circuit applicable in Texas, Louisiana and Mississippi.

This will be in the hearing of the appeal of the CITGO Asphalt Refining Co. v. Frescati Shipping Co., Ltd. decision out of the 3rd Circuit Court of Appeals.

If you have any questions regarding this maritime matter, please contact Bill Schwartz at (504) 569-2900 or



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