Message from the President By: Steven F
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WINTER EDITION 2021 VOL. 30, NO. 2 MESSAGE FROM THE PRESIDENT BY: STEVEN F. GRIFFITH, JR. Tomorrow (as of the time of this (a slim margin, even by standards of the day). When the writing), we will have a new electoral votes were counted, disputes arose regarding President sworn into office, be- the vote tallies in a few states, leaving Tilden with 184 ginning a new Administration. electoral votes, to Hayes’s total of 165, with 20 votes outstanding. Only a decade removed from the Civil War, Regardless of your politics, ev- threats of a new war were raised by factions of the par- ery new Administration engen- ties. And, in the face of a Constitutional crisis, Congress ders a breath of fresh air, and a appointed a 15-person Commission to settle the disputes, new direction with which we all which ultimately awarded all 20 votes to Hayes, giv- will likely have some agreements and disagreements. It ing him a presumptive 185 to 184 victory. When Til- also demonstrates the value and integrity of the United den’s supporters objected, political compromises were States Constitution, the document that guided our gov- reached, and Hayes was inaugurated. Even in the face ernment and the citizens who came before us through of war, tempers subsided, and the Constitution prevailed. difficult conflicts for over two hundred years. Just two weeks ago (again, as of this writing), we saw As we look back on the last few months, it is easy to be unspeakable lawlessness in the United States Capitol. exasperated by the rhetoric and ill will demonstrated by Of course, we are a Nation of men and women, with each political party to the other. But, believe it or not, strongly held beliefs. When those beliefs differ, there students of American history would tell you that it was will be disagreement, and even (hopefully, peaceful) civil by some prior standards. protest. If anything, peaceful differences are healthy – In 1800, the fourth Presidential election, voters saw they are the building blocks of compromise, yet another the candidates at each other’s throats. In an age when principle upon which a democracy such as ours thrives. the press swayed opinion, much as one could argue it But, above all, our Constitution commands respect of does today, Thomas Jefferson hired a journalist, James the law, ultimately through an independent Judiciary, as Thomson Callender, to publish criticisms of his oppo- “[i]t is emphatically the province and duty of the Judicial nent, John Adams. Callender did not disappoint, writing Department to say what the law is.” that Adams was “a hideous hermaphroditical character The Federal Bar Association is committed to protecting which has neither the force and firmness of a man, nor an independent Judiciary to help ensure the sound admin- the gentleness and sensibility of a woman.” One does istration of justice. As the largest Chapter of the FBA, wonder how Callender (or Jefferson) would view the you will continue to find us leading the charge through rhetoric of the 2020 election. outstanding programming (made possible by our tireless In 1876, Samuel Tilden faced off against Rutherford B. Board of Directors and top-notch speakers), great social Hayes, and Tilden won the popular vote by 250,000 votes cont’d on page 2 EDITORIAL BOARD: LARRY CENTOLA, COLIN CAMBRE, MICHAEL FINKELSTEIN, RACHEL NAQUIN MESSAGE FROM THE PRESIDENT (CONT'D) events (even in this remote world), and civic activities. to serve all of our members. And if there is anything I encourage you to note the upcoming programming this we can do to assist you, do not hesitate to reach out to Spring designed around some of our core Constitutional Amanda Kaiser, our Executive Director, or me. principles, as well as those that acknowledge the inde- pendence of the Judiciary. You will also find some great programming options related to the practice of law. As we move into this new era, we will continue, ultimately, “There are moments our d THE M/T ATHOS I – MEETING AN UNCHARTED OBJECT CLE On December 15, 2020, the Admiralty Law Section pre- plained how the anchor had been abandoned years earlier sented a virtual CLE event, “The M/T ATHOS I - Meet- but was not discovered despite numerous surveys of the ing an Uncharted Object.” Derek Walker, a partner at river bottom thereafter. Moreover, hundreds of vessels Chaffe McCall, was lead counsel for CITGO in CITGO had navigated through this anchorage without incident Asphalt Refining Co. v. Frescati Shipping Co., Ltd, No. for years after the anchor had been abandoned. Derek 18-565, 2020 WL 1496603 (U.S. March 30, 2020) and explained that one of the key factual issues in the case provided first-hand accounts of the 16-year long saga of was whether this abandoned anchor had been in a “flukes the case. up” or “flukes down” position when it punctured the hull of the tanker. Derek provided great visuals to illustrate M/T ATHOS I was owned by Frescati Shipping Com- the height of the anchor in both positions, and the size of pany, Ltd., which had time-chartered the vessel into a the anchor relative to the size of the vessel, in discussing “tanker pool” assembled by Star Tankers, Inc. CITGO the liability issues. voyage-chartered the VESSEL from Star. M/T ATHOS I departed Venezuela, bound for the Citgo Asphalt Re- Derek talked about the evidence and anecdotes from the finery in Paulsboro, N.J., carrying 13 million gallons of 41-day bench trial before Eastern District of Pennsyl- Bachaquero Venezuelan crude oil. At approximately 9:30 vania District Court Judge John P. Fullam. Judge Ful- p.m. on November 26, 2004, M/T ATHOS I was within lam found that CITGO was not liable for the casualty 900 feet of its destination, approximately the length of in tort, casualty or otherwise. On appeal, however, the the vessel itself, when it struck a submerged anchor in Third Circuit reversed, finding that the vessel owner was the Delaware River, piercing its hull, and spilling oil into a third-party beneficiary of CITGO’s safe berth warran- the river. ty. The case was remanded to the district court. Derek regaled the attendees with his experiences through the Frescati and the U.S. government paid $143 million for re-trial and appeal process, which ultimately came be- the cleanup in the immediate aftermath of the spill. The fore the United States Supreme Court. In a 7-2 decision, government and Frescati sued CITGO to recover the the Supreme Court held that the safe-berth clause in the clean-up costs. Both alleged that CITGO was at fault for charter party constitutes a warranty that imposes on the the oil spill because CITGO had breached a contractual charterer an absolute duty for the safety of the berth it “safe-berth clause” in the subcharter agreement between selects. CITGO and Star. They alleged that this clause obligated CITGO to select a “safe” berth that would allow the ves- Two thumbs (and flukes) up to Derek Walker for his en- sel to come and go “always safely afloat,” and that ob- lightening presentation on this very interesting and im- ligation amounted to a warranty regarding the safety of portant case. the selected berth. With great insight and humor, Derek deftly condensed over a decade and a half of litigation into an informa- tive and entertaining hour-long presentation. Derek ex- MALCOLM MONROE FEDERAL PRACTICE SEMINAR CLE & SWEARING IN BY: ALLYSON MILLS, MILLS & AMOND LLP The YLD hosted its annual Malcolm Monroe Federal Practice Seminar CLE & Swearing In on January 13, 2021. The program serves new members of the Louisiana bar and features a swearing-in ceremony whereby they can be admitted to practice in all federal courts in Louisiana. This year’s program necessarily was virtual and slimmed-down, but it nevertheless was well-attended and very well-received. Special thank you to Judge Janis van Meerveld and William Snowden for presenting a timely and important CLE on Implicit Bias in the Workplace; to Chloé Chetta and Rebekka Veith for offering 10 Tips for Federal Practice; to Emmy Schroeter and Jacob Weixler for encouraging Pro Bono for Young Lawyers; to Rebecca Cooper, Amy McIntire, Chris Zainey, Alex Aughtry, and Carlos Benach for their insights and tips for young lawyers; and to Chief Judge Nannette Jolivette Brown for swearing in new admittees. Thank you also to attendees who, in addition to being newly admitted to the federal bar, are new members of the FBA. The YLD welcomes you all and looks forward to getting to know you at any one of its many programs (still virtual for now, but hopefully in-person soon). Federal Bar Association New Orleans Chapter Alysson Mills and Chief Judge Nannette Jolivette Brown excitedly welcome the Malcolm Monroe attendees Judge Janis van Meerveld and William Snowden present before they are sworn in. Implicit Bias in the Workplace during the Malcolm Monroe Federal Practice Seminar. Emmy Schroeter and Jacob Weixler present Pro Bono for Young Lawyers during the Malcolm Monroe Rebekka Veith and Chloé Chetta present 10 Tips Federal Practice Seminar. for Federal Practice during the Malcolm Monroe Federal Practice Seminar. 3 COVID-19 ETHICS AND PROFESSIONALISM CLE BY: SHARONDA WILLIAMS, FISHMAN HAYGOOD LLP On November 19, 2020, the CLE Programming Com- challenges of practicing law remotely, virtual engage- mittee held a CLE on ethics and professionalism. The ment with the bench and bar, and issues of competency two-hour CLE consisted of two panel discussions. The that may arise in the legal practice during the pandemic.