Category Archives: Employment Litigation

Discrimination Lawsuits Happening Now Around the US

Amicus briefs urge 8th Circuit to find Title VII protects LGBTQ people from discrimination

We must be welcoming for all people, regardless of race, sex, national origin, ethnicity, religion, age, disability.

Inconsistent results and created unique barriers to sex discrimination lawsuits filed by LGBTQ people.

“It’s impossible to …

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Microsoft finds few gender discrimination complaints valid

The documents were released as part of an ongoing lawsuit by three current or former Microsoft employees alleging gender discrimination.

The plaintiffs are seeking class-action status for the case, claiming more than 8,600 women collectively lost out on $ …

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Illinois Must Protect LGBT Elders from Housing Discrimination

The Seventh Circuit heard oral arguments in the case in mid-February, and Lambda Legal … the country’s leading advocacy group for LGBT elders, I know housing discrimination is a particular concern for LGBT older adults.

LGBT older people are twice …

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Staffing firm pays $50K for ‘age will matter’ comment

A New Jersey-based IT staffing firm will pay $50,000 to settle an age discrimination suit claiming that it told a job applicant that he wouldn’t be considered for an opening because he “was born in 1945” and that “age will matter.”

In rejecting the …

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21st Century Fox Can’t Dodge Local Reporter’s Discrimination and Retaliation Lawsuit

Lidia Curanaj in December 2016 sued 21st Century Fox for discrimination and harassment, claiming she was repeatedly denied a full-time position at its affiliate Fox5 because of her age and looks and was rejected for a job at Fox News because Ailes realized …

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Sexual harassment lawsuit settlements happening this week

Sexual harassment issues not over for Forest Service after chief’s resignation

Women have filed multiple class-action lawsuits against the Forest Service in its …

Clancy also emphasized that most people think or harassment as unwanted sexual advances or assault but that only represents a small percentage.

The vast majority of …

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As New Mexico IATSE Boss Faces Sexual Harassment Suit, Dissidents Want Him Removed From Office

A groundswell of opposition has risen up against Jon Hendry, the IATSE union boss in New Mexico, in the wake of sexual harassment allegations that surfaced earlier this week.

A movement has begun calling for his ouster, and Deadline has been inundated with …

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Wynn Resorts Settles Universal Entertainment Lawsuit for $2.4 Billion

Wynn Resorts Ltd. agreed to pay a total of $2.4 billion to settle a lawsuit with Universal Entertainment Corp … latest dramatic turn since Steve Wynn resigned last month amid a sexual harassment scandal at the casino empire he founded.

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What Changes Do You See in Tackling Sexual Harassment?

Cosby’s main accuser to testify in sexual assault case

All but Constand’s case were too old to be prosecuted, and Cosby’s first trial ended in a mistrial last June due to a deadlocked jury.

The 80-year-old entertainer has denied the charge, saying any sexual contact …

Accusations of harassment or assault …

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What Changes Do You See in Tackling Sexual Harassment

The Reader Center is one way we in the newsroom are trying to connect with you, by highlighting your perspectives and experiences and offering insight into how we work.

What’s changing about how we deal with sexual harassment?

Some answers are already clear.

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The basic definition of sexual harassment is based on the United States Equal Employment Opportunity Commission. To summarize it, it is composed of unwelcome sexual advances and requests for sexual favors which can either be verbal and physical conduct of sexual nature. The determining factor for sexual harassment is that when the person rejects the request, the employment status is heavily affected. The rejection will reasonably interfere with an individual’s performance and may experience offensive and pressured work environment.

Sexual harassment can actually happen in several circumstances. For instance, a victim and the harasser may not necessarily be of the opposite sex. The harasser should have the moral or positional ascendancy to that of the victim. He could be the supervisor and the victim, merely an agent. The victim may not necessarily be the one being harassed; even those affected by the offensive conduct can file for claims against sexual harassment.

David Schwimmer Calls for an End to Sexual Harassment with New PSAs: “Now Is the Time”“So few men want to have this conversation, because they get killed. They get killed,” Megyn Kelly said boldly to David Schwimmer on Megyn Kelly TODAY .

“Do you have any fear in being the guy that does it?”

Without hesitation, he replied, “I don’t.”

This isn’t a shock, as Schwimmer has co-produced six short films with writer and producer Sigal Avin, appropriately named #ThatsHarrassment, to shed light on the different ways that women are being sexually harassed every day.

These videos have also been shortened into a series of PSA announcements that are set to run on Fox, Showtime, CBS, Hulu, and Amazon, as well as all of New York’s Taxi TVs.

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A commission to combat sexual harassment in the workplace needs to be created

The views expressed by contributors are their own and not the view of The Hill Sexual harassment, like sex itself, continues to easily capture headlines, but we go blank when it comes to actually doing something about it.

Solutions are inevitably elusive …

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Legislation in Olympia targets sexual harassment in the workplace

Thanks to the awareness brought by the #MeToo movement, the Legislature will hear a package of bills Wednesday aimed at harassment in private workplaces.

Two bills would remove obstacles that could hinder employees from coming forward with harassment …

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Ex-Harvey Weinstein assistant sues over “sexually hostile” work environment

Sandeep Rehal said she suffers from “severe emotional distress” because of “incessant sexual harassment” she endured working as the movie mogul’s assistant from February 2013 to February 2015.

She called her work environment “sexually hostile,” and said …

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Top 10 Employment Discrimination Charges in 2017

Top 10 Employment Discrimination Charges in 2017

A total of 84,254 workplace discrimination charges were filed with the Equal Employment Opportunity Commission (EEOC) nationwide during fiscal year (FY) 2017, according to the federal agency.

The EEOC said it secured $398 million for victims in the private …

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Doors open for gay MBA graduates open for gay MBA graduates Schools and employers want to tap into the LGBT+ talent pool.

Nick Deakin had a very specific reason for going to business school.

After working as a doctor for two and a half years at Barts hospital in central London, he enrolled on an MBA because he thought a commercial career would suit him better as a gay man.

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Exclusive: 5 Women Sue Monster Energy Over Abusive, Discriminatory Culture

Another manager, Phillip Deitrich, regularly humiliated a female subordinate in front of co-workers and sabotaged her ability to work effectively, according to a sex discrimination lawsuit she filed.

He still has a job.

She left the company.

Hamilton …

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EEOC Records Drop In Job-Based Disability Discrimination Complaints

After two record-setting years, federal officials are reporting that complaints of disability-based job discrimination are down.

The U.S. Equal Employment Opportunity Commission said charges of job bias related to disability dropped to 26,838 in 2017 from …

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Female Shareholder Sues Employment Defense Firm, Ogletree Deakins, For Gender Discrimination

Ogletree, Deakins, Nash, Smoak & Stewart, P.C. (“Ogletree”), one of the nation’s largest law firms specializing in defending employers against employment discrimination lawsuits, has itself been sued for …

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3 Things Every Company Must Do in 2018 to Attract and Empower Women Employees we need to move from policy to action.

Elizabeth Kiehner leads the global design practice for IBMiX with multi-disciplinary experience in design and technology.

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Most workplace harassment victims stay silent the #MeToo movement is empowering victims of sexual harassment to speak up, most employees remain silent about inappropriate behavior at work.

Of employees who say they’ve experienced sexual harassment in the workplace, 72 percent did not report the incident, and 54 percent did not confront the person responsible, according to a survey from CareerBuilder.

One in 10 employees say they were sexually harassed at work – 17 percent of women said they’ve been harassed compared to 7 percent of men.

CareerBuilder surveyed 809 full-time employees in the private sector, and the survey was conducted through The Harris Poll.

More than half – 60 percent – of workers said they were sexually harassed by a peer, while 36 percent said they were harassed by a manager or supervisor.

Of the 46 percent of respondents who reported an incident, 13 percent said the situation stayed the same, and 9 percent said it became worse.

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What Harvey Weinstein Sexual Harassment Firing Says About Hollywood

OPINION: To be clear, it is doubtful that Harvey Weinstein was fired because he sexually harassed and/or sexually abused women. It seems to be common knowledge that he has been doing that for many, many years and his illegal antics were well-known throughout Hollywood. Instead, it seems that the reason he was fired is because his decades-long history of sexual misconduct with women was finally made public in a big way and the optics and fallout looked bad for his company.

Amid Weinstein Ousting, New Sexual Harassment Allegations Emerge night Harvey Weinstein was fired from the production company and distributor he cofounded, following a Thursday New York Times report that detailed decades of sexual harassment allegations.

But yesterday two new accusations were made public, …

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Streep, Judi Dench slam Weinstein over sexual harassment claims Streep and Judi Dench, two of Hollywood’s most respected actresses, lashed out at movie producer Harvey Weinstein on Monday but said they were unaware of his decades of alleged sexual harassment of women.

Full story on Reuters

Film producer Harvey Weinstein ousted from Weinstein Co. amid reports of sexual harassment had previously taken an indefinite leave of absence following the revelation of at least allegations of sexual harassment uncovered in an expose Thursday by The New York Times.

The board on Friday endorsed that decision and announced an …

Full PBS report

Weinstein Loses Adviser Lisa Bloom Amid Harassment Allegations of sexual harassment against Harvey Weinstein, the Hollywood entertainment mogul, cost him a close adviser on Saturday and may have lost his company a high-profile series of books.

Lisa Bloom, the prominent women’s rights attorney, …

Full NBC News article

FELA: Durable and still going strong

Opinion analysis: Court restricts lawsuits against out-of-state railroads does not itself create a special rule authorizing jurisdiction over railroads just because they happen to do business in a particular place, the court emphasized.

Second, the court continued, a Montana rule that allows courts in the state to …

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Appeals court: Ex-rail worker can keep $21M judgment for foot severely injured in accident on job state appeals court has upheld a $21 million judgment for a railroad worker who hurt his foot on the job.

The panel said Norfolk Southern failed to cite federal precedent to support its claim a disability award was improper for a FELA …

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Supreme Court: General Personal Jurisdiction Test Applies to All Actions

In BNSF Railway Co. v. Tyrrell, 137 S. Ct. 1549 (U.S. 2017) (No. 16-405), plaintiff employees sued the defendant railroad under the Federal Employers’ Liability Act (FELA) in Montana state court.

The defendant was neither headquartered nor incorporated …

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Amtrak building manager says company violated FELA through two injuries he suffered since 2014 Amtrak building manager claims the company violated the Federal Employers Liability Act (FELA) on two occasions in the past three years, when he suffered two injuries in the course of his employment and/or tenure with the company.

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FELA: Durable and still going strong

Railroads abhor it; labor leaders adore it.

The most senior and conservative Republican in the U.S. Senate is its staunchest supporter.

Say hello to the 109-year-old Federal Employers’ Liability Act (FELA), which has nothing to do with federal workers …

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Lawsuit: Amtrak trackman and driver’s shoulder injuries are the result of FELA violation Amtrak trackman and truck driver has accused the train transportation company of violating the Federal Employers Liability Act (FELA) by not making for a safe workplace, which he says led to his serious shoulder injuries.

Adam R …

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Former Amtrak electrician says company at fault for career-ending hand injuries Amtrak electrician has alleged the train transportation company violated the Federal Employers Liability Act (FELA) by not providing a safe workplace, and causing an electricity accident that left him with severe, career-ending …

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Former railroad conductor and brakeman alleges his kidney cancer was caused by toxic substance exposure

A former train conductor and brakeman of 36 years claims a trio of rail companies violated the Federal Employers Liability Act (FELA) by neglecting to provide him a safe workplace, and allegedly causing him to contract kidney cancer …

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Union Pacific prevails at Supreme Court in St. Clair County FELA case Pacific Railroad, which won a jury verdict in an employee’s injury trial but lost it at the Fifth District appellate court, regained its victory at the Illinois Supreme Court on Feb. 17.

The Justices ruled that Union Pacific …

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CSX Escapes $2M Verdict As Fla. High Court Drops Case

The duty at issue in the instant case is well-established, Manko said: “Under FELA, railroads owe a duty to exercise reasonable care to both provide a safe workplace and, as part and parcel of that duty, they have a duty to exercise reasonable care to …

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Up to 18% of injured workers not returning to work after one year

Up to 18% of injured workers not returning to work after one year 11% and 18% of injured workers in 15 states do not return to work within a year of their accident, a range that is in line with previous studies, according to reports released Tuesday by the Workers Compensation Research Institute.

The …

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Paterson council rejects $34,000 injury payment for retired police chief, NJ
In a split vote, the City Council on Tuesday night rejected a $34,857 workers-compensation payment for retired police Chief James Wittig, who claimed he hurt himself falling on the stairs at headquarters in 2011.

Wittig also had claimed he …

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Immigrant benefit ban removed from Ohio workers’ comp budget Senate rejected on Tuesday a controversial provision that would have denied workers’ compensation benefits to undocumented workers who are injured on the job.

House Republicans added the amendment last month to the Bureau of Workers’ …

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Milesburg business owner faces more than 800 felony charges than 800 felony charges??? This guy is S-C-R-E-W-E-D!!!

Robinson allegedly did not have workers’ compensation insurance coverage and was not exempted as a self-insurer.

An ex-employee’s injury on March 27, 2013, led to the charges, according to the affidavit.

Court documents do not specify how the former …

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Two Very Important Steps When Managing A Catastrophic Injury Claim injuries make up only a small fraction of the total number of workers’ compensation claims but account for a significant portion of the dollars spent on medical care and treatment of employees.

The proper management of these high dollar …

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Records Detail Workers’ Comp History Of Trooper Charged With Assault state police trooper arrested after a bar fight last weekend in Groton has been on either workers’ compensation or leave from work 11 times since 2004, state records show.

Jeffrey Meninno was charged with second-degree assault after sources said he …

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UPDATE: Employment Lawsuits Nationwide in the News

Fired Arizona CenturyLink employee files lawsuit alleging fraud to the lawsuit filed in Maricopa County Superior Court, former CenturyLink employee Heidi Heiser worked from her home as a customer service and sales representative between August 2015 and October 2016.

Heiser in the lawsuit alleges she …

Full AZ Central article

New York state just dealt another blow to Uber’s business model company also once said there was “no typical driver” on its roster, in an effort to preempt an employment lawsuit being certified as a class-action.

The New York Taxi Workers Alliance (NYTWA), an advocacy group for professional drivers in New York …

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Woman Asks Greitens to Veto Employment Discrimination Bill employee of Romine’s chain of rent-to-own furniture stores says in the lawsuit that she was targeted with racial slurs by a store manager, and that the store she worked in contained a map with a circle around an African-American neighborhood and a …

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$41 million. BAM! Yeah, that just happened. And that was binding arbitration.

KFC operator flushed employee’s medicine down the toilet and fired her, lawsuit claims U.S. Equal Employment Opportunity Commission has filed suit alleging that the operator of a Dublin Kentucky Fried Chicken franchise illegally fired an employee in 2015 because of her disability.

Hester Foods Inc., operator of the Veterans Parkway …

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Fired Black Comcast Employee Files Discrimination Lawsuit – News One year ago, another former African-American Comcast employee filed a racial discrimination lawsuit against the company, reported.

Wilbert Spencer Jr., who worked in Comcast’s customer service centers in Pennsylvania and New Jersey, …

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Black employee saw Comcast co-worker make noose, says $600,000 lawsuit 48-year-old African-American employee of Comcast Corp. who says she was subjected to a racially hostile environment — including a noose made by a co-worker — filed a $600,000 lawsuit against the company late last month.

Bridget Cooks’ lawsuit …

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Woman now owes pharmaceutical giant $2M after her fraudulent lawsuit backfires and the judge slams her Novartis employee’s lawsuit claiming discrimination has backfired badly, resulting in the court awarding the pharmaceutical giant nearly $2 million for fraud and legal fees.

Afoluso Adesanya was fired in 2013 after continuing to work from her Bucks …

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How one former Novartis employee pulled a fast one, almost a coda to an unusual employment dispute, Novartis was awarded nearly $2 million in attorney’s fees and damages 1 stemming from a discrimination lawsuit brought by a former employee in a federal court.

This is a Plus article and is only …

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Lawsuit alleges former Cal State LA employee secretly recorded conversation with AD Daryl Gross former high-ranking athletic department official at Cal State Los Angeles secretly recorded conversations with Athletic Director Daryl Gross and three other employees, according to a lawsuit by the California State University Board of Trustees.

Filed …

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Workers Comp Developments Around The Country

State Supreme Court says work-release inmates can’t get workers’ comp
The West Virginia Supreme Court of Appeals issued a decision, ruling that work-release inmates do not qualify for worker’s compensation.

The lawsuit involved a work-release inmate who injured his hand in a wood chipper.

The opinion was …

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Bull rider claims workers compensation after severe injury at rodeo the age of nine, when his dad first plonked him on the back of a small calf, Mitchell Gajkowski loved rodeo life.

His dreams of a career as a bull rider …

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Injured Workers’ Benefit Fund state law requires employers to carry workers’ compensation insurance in order to protect any employee who suffers an injury on the job.

But what happens if your employer doesn’t carry the required insurance?

If my employer doesn’t have work …

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Church Volunteer Allegedly Injured During Communion Was Limited to Workers’ Comp Benefits parishioner and volunteer Eucharistic Minister at a Roman Catholic church allegedly injured as she went to distribute Communion was limited to recovering workers’ compensation benefits, and could not sue for negligence, an appellate court in New York …

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Workers’ Comp: Represent Yourself, or Hire a Lawyer? can deny claims, and when this happens, over 70% of workers accept the denial.

An attorney will work to get your claim accepted and ensure you’re not in the majority of injured workers that accept a claim denial that should have been approved.

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State Trooper on Workers’ Comp Arrested After Bar Fight comptroller records show that Meninno has been receiving workers’ compensation benefits since Sept. 16, the Courant reports.

The records do not indicate the nature of his injury. State police say Meninno’s police powers have been suspended, and …

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Maritime Accidents Around The Globe

Chemical tanker Aquarius sank after explosion in Singapore Strait the accident six crew went missing.

The exact details around the accident are unknown, as the shipowner and agent lost connection with the Indonesia tanker, loaded with fuel.

The accident was immediately reported to Malaysian Maritime …

Full details here

Qatari Ship Accident Report Published

The UK’s statutory Marine Accident Investigation Branch June 15 published its final report on the serious injury to a deck officer aboard the Qatari LNG tanker Zarga on March 2, 2015 while mooring at Milford Haven. It found that Steelite Superline Xtra …

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Argonaut Exercise in Cyprus deals with scenario of severe maritime accident at open sea

Search and Rescue Operations Exercise Argonaut 2017 continued on Thursday and the scenario provided for a severe maritime accident at open sea on a passenger ship.

Search and Rescue Operations (SAR) as well as medical evacuation operations were carried out …

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German Computer Aided Marine Contingency Planning System Developed with Tatuk GIS SDK

This project, known as Contingency Planning for Marine Pollution Control (VPS – VorsorgePlan … with respect to sustainable disaster control and hazardous materials accident prevention in German seashore areas.

VPS.system has been in use since the …

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Larger ships than expected traversing new Panama Canal unfamiliar procedure resulted in one accident last July when the Chinese container ship Xin Fei Zhou struck a wall of the Agua Clara locks on the Atlantic side of the canal, tearing a long gash in the ship hull above the waterline.

The 8,500-TEU …

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Bulk carrier MAMRY crew death, cause unknown carrier MAMRY in the afternoon June 14 reported to Greek authorities death on board, 60-year old crew died, understood in an accident.

Vessel was under way entering Aegean sea from Med, en route from Haifa Israel to Yali (Turkish or Greek, unclear …

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China and Japan Holding Maritime Talks to Prevent Maritime Clashes wants a “hotline” but China unlikely to moderate its behavior.

Chinese and Japanese officials are expected to meet for high-level talks on maritime issues in July like establishing a “hotline” to diffuse potential unintended clashes.

The new talks are a positive development between countries that regularly face off in the East China Sea, and as Japan increasingly expands its operations in the South China Sea.

However, the history of similar maritime dialogues between China and the United States should caution against expectations that they will lead to meaningful diplomatic breakthroughs, or even a moderation of risky Chinese military behavior.

China disputes Japan’s administration over the Senkaku islands in the South China Sea, which it calls the Diaoyus.

Since the Japanese government took over the Senkakus from private Japanese owners in 2012, China has regularly challenged Japan’s administration over them by sending hundreds of fishing and coast guard vessels to make incursions in the waters around the islands.

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Chemical tanker Chemroad Journey breached and aground off Phu Quy island in Vietnam the accident there were no reported injuries and no water pollution.

The weather in vicinity is bad, which additionally worsen the situation with the troubled chemical tanker.

The impact of the typhoon combined with Southwest monsoon activity at …

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Lake Michigan to get its first maritime highway

A new shipping route potentially could eliminate a million semi-trailer trucks a year from Northwest Indiana highways.

Supply Chain Solutions announced at the Rail Supply Chain Summit 2017 in the Union League Club in downtown Chicago it was launching a new cross-lake shipping route after being awarded the first marine highway designation on Lake Michigan.

The Maritime Administration will encourage freight to pass between the Port of Milwaukee and the Port of Muskegon in Michigan, which the Rail Supply Chain Summit Founder Mary Elisabeth Pitz said has the potential to greatly reduce the amount of truck traffic on the Borman Expressway passing through Northwest Indiana while en route from Michigan to Wisconsin, or vice versa.

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Australian man missing near Port Moresby after boat accident off Papua New Guinea coast“The MRCC (Maritime Rescue Coordination Centre) in PNG have worked closely with AMSA (Australian Maritime Safety Authority), Australian High Commission and Australian Defence Force, the Royal Papua Yacht Club, private members and villagers in …

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Petrobras Reports Explosion on Drillship in Campos Basin – The Maritime Executive oil firm will investigate the cause of the accident. The Norbe VIII, or NS 32, is operated by a division of Odebrecht.

She was built by DSME and is capable of drilling in water to 10,000 feet, with drilling depths to 40,000 feet.

She has previously …

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Bulk carrier St Gregory ran aground on Kokkala beach in Greece local authorities were informed about the accident and closely monitor the situation, as Greek Coastguard sent two patrol boats to the scene.

It was estimated that vessel suffered breaches during the grounding and there is water ingress bulkhead.

Full details here

Isles of Scilly lifeboat man seriously hurt during rescue coastguard and emergency services were involved in his initial treatment, before the injured man was airlifted to hospital.

The Marine Accident Investigation Branch said it was aware of …

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Swedish Club Publishes “Anatomy of an Accident” out of The Swedish Club’s Emergency Response Training program, Anatomy of an Accident focuses on a realistic incident scenario run by the Club with participants from important maritime services and support sectors.

This approach has been …

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