Server: Netscape-Enterprise/2.01 Date: Wed, 31 Dec 1997 20:57:31 GMT Content-type: text/html LEGAL TRANSPORTATION NEWS

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Compliments of the Law Offices of Charles H. Veigel, P.S. Vol. 3 issue 3

Copyright © 1997, Charles H. Veigel, All Rights Reserved December 1997


Happy Holidays from the Law Offices of Charles H. Veigel, P.S!

The Law Offices of Charles H. Veigel, P.S. wish you and your families a safe and pleasant holiday season. We are looking forward to providing you with updated legal information in the areas of international trade and transportation for 1998.

Harbor Maintenance Fee - Update - United States Supreme Court grants Government's Writ of Certiorari

On October 31, 1997, the United States Supreme Court granted the U.S. Government's Writ of Certiorari creating a final showdown on whether the harbor maintenance fee is a tax on exports in contravention of the U.S. Constitution. When oral arguments are scheduled, we will let you know.

Supreme Court Reviews Claim to Shipwreck Treasure

In early December the U.S. Supreme Court heard arguments on whether the 134 year old wreckage of the Brother Jonathan belongs to the State of California or the Deep Sea Research Company, the company that found the wreckage. The Supreme Court justices heard arguments on whether the Abandoned Shipwreck Act applied to the Brother Jonathan. Under the Act, the Federal Government receives title to an abandoned shipwreck and may transfer to title to a state if certain conditions are met. The act only applies to "abandoned" shipwrecks, however. Whether the Brother Jonathan was abandoned is to be decided by the justices. When the court renders its opinion, we will let you know.

U.S. Customs Posts Final Reasonable Care Checklist

Recently U.S. Customs posted its final draft of the reasonable care checklist assisting importers in meeting reasonable care requirements pursuant to the Customs Modernization Act. We suggest that all importers obtain a copy of the checklist from Customs' website at http://www.customs.treas.gov/hot-new/fed-reg/notices/rc112897.htm.

Swiss Court hands Bud a Loss

The giant beermaker, Anheuser-Busch, recently lost a trademark dispute in a Swiss commercial court against a small Czechoslovakian brewery, Bodejovice Budvar. The company markets its brew using the Budweiser name. The case is currently under appeal and emphasizes the importance of protecting your trademark worldwide.

New Improved Warning System Announced by Airlines

The major airlines announced that they would install satellite based navigation systems into cockpits of 4300 jets to give them better warning when they are headed for a mountain. The Federal Aviation Administration plans to issue regulations mandating the equipment on planes seating six or more passengers in the future.

Global Warming Issue Heats Up Airlines

A recent United Nations conference on global warming in Japan made airline executives uneasy. The new international climate treaty would curtail emissions of carbon dioxide and nitrous oxide by the year 2010. The treaty would require each signatory nation to meet designated emission levels. Airline executives are concerned that different emission regulations in various countries would disrupt international air service by forcing manufacturers to meet unattainable demands. Consumers should also be watchful because air travel will likely increase in cost and the destinations of air travel curtailed.

Jurors on the Mind of ABA Litigation Task Force

A new task force by the American Bar Association Litigation Section drafted proposals providing a number of recommendations designed to empower jurors. Sound good? Some recommendations include: (1) permitting lawyers to distribute to jurors jury notebooks; (2) jurors may submit questions of witnesses to the lawyers; and (3) jurors may discuss evidence during trial. If any of you are interested in this matter, you may find a copy of the proposals at http://www.abanet.org.

TWA Flight 800 - Now the Litigation Begins

Recently in Baltimore, the National Transportation Safety Board provided 6,000 pages of documentation and 35 hours of testimony along with dozens of aviation engineers and scientists providing an analysis for the explosion that killed 230 people aboard TWA flight 800. At issue for plaintiffs' attorneys is whether they can prove liability and then overcome a damage cap of $75,000. To overcome the cap, counsel must prove that the carrier acted with willful misconduct, an onerous task but one that has been done before by plaintiff's attorney Lee Kreindler. As this interesting case begins to unfold, we will keep you posted.

The Legal Transportation News is not engaged in the practice of law. It also does not dispense legal advice. If you have a legal problem, contact a competent attorney as soon as possible

 

The Law Offices of Charles H. Veigel, P.S.
provides the following legal services:

International Trade & Commercial Transactions
Litigation
Transportation/International Shipping
Import & Export Trade Law
Employment Law
Corporate/Commercial


Law Offices of
Charles H. Veigel, P.S.

Attorneys and Counselors at Law
Grand Central on the Park
Suite 253
216 First Avenue South
Seattle, Washington 98104
(206) 583-2330; Fax: (206) 682-4461
E-Mail: cveigel@counsel.com
web site - http://www.TransportationLaw.com