In the case of O’Rourke Marine Services L.P. LLP v. the M/V COSCO HAIFA and M/V COSCO VENICE, Freehill, defending COSCO, previously obtained a decision on April 8, 2016, holding that O’Rourke, the physical supplier of bunkers to the vessels, did not hold a maritime lien against the vessels. O’Rourke moved for reconsideration and that motion was denied. O’Rourke then appealed and on July 10, 2018, the Second Circuit Court of Appeals affirmed the district court’s decision. The Court of Appeals agreed with the district court’s reasoning that O’Rourke did not meet the requirement in the Commercial Instruments and Maritime Liens Act that it had provided bunkers to the vessels “on the order of the owner or a person authorized by the owner” and, therefore, did not qualify for a maritime lien. Freehill attorneys: Partners Jim Ross and Gina Venezia, who argued the appeal, and associate Mike Dehart. (Click Here for the Full Decision.)
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