Simms Showers' maritime practice is international, ranging from high-value casualty defense,
to high profile creditors rights representation, to vessel arrests throughout the world.
Because of the fast pace of maritime litigation, the need to investigate maritime casualties
quickly and thoroughly, and international time zones, each of its lawyers are available on a 24
hour a day basis to respond directly to any client need or inquiry.
Vessel Arrest and Maritime Attachment
Simms Showers is one of the most active United States firms working in the area of vessel arrest,
maritime attachment, and related maritime remedies for creditors. On the average in any given year,
Simms Showers has arrested or attached three vessels a month, around the world.
The Firm has achieved significant costs savings for its clients in vessel arrests, by assembling
groups of creditors to share arrest costs, having a network of experienced local counsel, utilizing
electronic data transfer, databases and a network of other reliable sources for vessel tracking,
working with maritime factors, and through the volume of its practice making it familiar with arrest
procedure in every major United States port.
The Firm has to date recovered over U.S. $50,000,000 ($50 million) for clients as the result of
successful ship arrest and maritime attachment proceedings throughout the world, including in India,
Chile, Japan, Montreal, at the Panama Canal, the Canary Islands, and a range of ports throughout the
United States, Puerto Rico, and Guam.
Through its regular practice in the area and extensive local counsel network, Simms Showers is
able to arrest vessels and attach assets anywhere in the United States and in many foreign jurisdictions,
on very short notice.
Simms Showers is recognized as one of the nation’s leading firms representing international intermodal
container lessors.
As part of this representation, Simms Showers achieved the first reported opinion from a United States
court to determine the legal standard for post-petition "use and benefit" of marine containers under
11 U.S.C. §365(d)(10). Mr. Simms also was responsible for the first reported opinion from a United States
court to declare that the failure to return maritime containers could constitute a maritime tort (thereby
providing container lessors with a basis to arrest vessels in execution on maritime liens, where containers
were not returned).
Simms Showers represents container lessors in all aspects of their leasing business involving casualties
or recoveries, ranging from the theft of one container to the coordination of world-wide recovery strategies
involving the execution of simultaneous actions in a number of foreign jurisdictions. Its close familiarity
with the container leasing industry enables the Firm to promote the interests of its container leasing clients
with notable and proven success and economy.
Maritime Bankruptcy
Simms Showers or its principals have been involved in every major United States and international maritime
bankruptcy since 1985, including Navieras de Puerto Rico, Commodore Cruise Lines, Premier Cruise Lines, Lykes,
US Lines, ABC Containerlines, CAVN, Regency Cruises, Netumar, Baltic Shipping, Bolt-Orient, Saguenay Shipping,
Topgallant, and Meridian. The Firm’s noted opinions include the first to determine the legal standard for
post-petition "use and benefit" of marine containers under 11 U.S.C. § 365(d)(10) and the first determining who
is an "officer" under 11 U.S.C. §101(31) for the purpose of recovering preferences under the US bankruptcy laws.
Casualty Litigation and Investigation
Simms Showers’ work in the maritime area also includes a range of successful representations of individuals
and companies in connection with personal injury, property, and cargo damage.
Simms Showers leads the successful defense of stevedores, intermodal carriers, packing companies, and others
involved in the intermodal movement of goods and cargo, against claims of cargo loss or damage. Its lawyers are
familiar with the complex workings of modern intermodal transportation, and the laws affecting bills of lading,
package limitation, tariffs, and insurance and surveying, all of which frequently come to bear where there is an
alleged cargo shortage or loss.
Simms Showers is unique in that it has both a significant plaintiff’s, and defendants’, maritime personal
injury practice. Simms Showers represents both plaintiffs and defendants in this area because of its experience,
that working both in the plaintiff’s and defense area makes us better lawyers for both plaintiffs and defendants.
We can better understand the plaintiff’s side, and defend against it when we are defending a case, and vice versa,
than could many lawyers who only had experience as defense lawyers, or, only as plaintiffs’ lawyers.
Simms Showers represents individual plaintiffs in significant maritime personal injury matters, including Jones
Act seamen. It achieved the first opinion from any United States court (the Maryland Court of Special Appeals)
declaring a seaman’s remedy when an employer unjustifiably withholds maintenance and cure payments.
Mr. Simms’ notable defenses have included representation in a Baltimore harbor water taxi capsizing which caused
multiple deaths and serious injuries, the defense of a tug company involved in one of the most serious maritime collisions
on the U.S. East Coast, and one of the pleasure craft owners involved in the decapitation death of Francis Ford Coppola's
son on the South River near Annapolis. It has successfully defended its maritime clients against a number of Longshore
and Harbor Workers’ Compensation Act cases, Jones Act cases, and other significant personal injury claims.
Complex Maritime Business Litigation
Simms Showers brings its maritime expertise together with its experience in complex civil and bankruptcy litigation.
It presently is defending an antitrust action between two maritime companies, involving claims exceeding US $150 million,
and a judgment against marine casualty insurer of US $1.4 million.
