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Weil Secures Major Victory for the Port Authority of New York and New Jersey

Weil recently secured another major victory for the Port Authority of New York and New Jersey in its six year, multi-forum, litigation battle with Maher Terminals, in which Maher, the Port's largest marine terminal operator, has alleged hundreds of millions of dollars in damages caused by its lease which it claims is unfair and discriminatory.  In this latest win, on July 21, 2014, the District of New Jersey dismissed in its entirety Maher's Complaint, which had alleged that the fees and charges Maher pays pursuant to its lease violate the Tonnage Clause of the U.S. Constitution, as well as the Rivers and Harbors Appropriation Act of 1884 and the Water Resources Development Act.  The District Court's ruling comes just three months after Weil secured a ruling from the Federal Maritime Commission dismissing with prejudice Maher's claims that the Port Authority violated the Shipping Act when it negotiated different lease terms with Maher than it had with APM Terminals, an affiliate of the world’s largest ocean carrier, Maersk SeaLand.  

The Weil team on the Maher litigations include partners Rich Rothman, Peter Isakoff, and Holly Loiseau and associates Jared Friedmann and Kevin Meade.

Legalese