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Case by Case

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by Floyd Zadkovich

4.9(23 reviews)

104 episodes

Updated Weekly

Accepts GuestsHas SponsorsLocation 🇬🇧

Podcast Authority

Beta

GoodBased on show quality, social media presence, reviews, charts, and more

Quality82

Social0

YouTube74

Engagement77

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Podcast Overview

Luke Zadkovich and Calum Cheyne of Floyd Zadkovich discuss a new case each week, focused on shipping, international trade and commercial law. We each read the case, then jump straight on the podcast and hit record. All you hear is our organic conversation and our thoughts on what the case is about, what the Court decided, and how the decision may affect the industry. *any guidance or suggestions given in any podcast episode is generic in nature and not to be considered as legal advice. Please contact lawyers for specific, legal advice. www.floydzad.com / marketing@floydzad.com

Language

🇺🇲

Publishing Since

5/19/2021

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🇺🇸 Charts #3

Outreach generated

Apple 142

Spotify 827

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Podcast Authority

Beta

GoodBased on show quality, social media presence, reviews, charts, and more

Quality82

Social0

YouTube74

Engagement77

Learn more

Excellent Areas

Good Performance

Growth Opportunities

excellent

Episode Length

50 minutes

Performing excellently!

needs improvement

Publishing Consistency

Every 16 days

Recommendations available

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Recent Episodes

June 4, 2026

Ep #100 Palletizing Packages - Carrier wins on limitation in CoAs with Ed Floyd and Eva-Maria Mayer

Case: HDI Global Insurance Co. v. Kuehne + Nagel, Inc., trading as Blue Anchor America Line (2026)Guests: Edward Floyd, Eva-Maria Mayer, both Partners at Floyd Zadkovich. In this episode, Luke is joined by Edward Floyd and Eva-Maria Mayer of Floyd Zadkovich to discuss their recent victory for Kuehne + Nagel, Inc. (K+N) before the U.S. Court of Appeals for the Second Circuit in a significant Carriage of Goods by Sea Act (COGSA) limitation of liability case.The discussion explores the dispute at the heart of the case: how the term "package" should be interpreted for purposes of COGSA's USD 500 per package liability limitation. Ed and Eva-Maria explain the facts surrounding the shipment of electrical wire harnesses, the damage that occurred during loading, and the competing arguments over whether the relevant packages were the individual cartons or the pallets on which they were consolidated.The episode also examines the courts' application of established Second Circuit precedent, the importance of contractual package definitions in sea waybills, and why both the District Court and the Second Circuit concluded that the parties had clearly agreed that the pallets—not the cartons—would constitute the relevant packages for limitation purposes.Listeners will gain practical insight into COGSA limitation provisions, drafting considerations for carriers and cargo interests, and the broader implications of the Second Circuit's decision for the maritime and logistics industries.

April 16, 2026

#Ep 99 Clause Chaos: When Arbitration Agreements Collide with Dr Benjamin Hayward

Luke zadkovich and calum cheyne are joined this week by dr ben hayward (monash university, melbourne) to discuss the supreme court of victoria’s decision in downer utilities australia pty ltd v murra warra asset co pty ltd [2026] vsc 48 — a case that shines a spotlight on the practical and legal difficulties posed by hybrid arbitration clauses. Arising out of the murra warra wind farm project, this case concerned an arbitration clause providing for arbitration to be conducted by the resolution institute in accordance with the icc rules — a classic “hybrid” clause. When the dispute crystallised, competing arbitrations were commenced within a day of each other: one before the resolution institute, and another before the icc. This gave rise to a fundamental question — which, if either, of these arbitrations had been validly commenced? Before croft j, the parties advanced competing constructions of the arbitration agreement, alongside arguments as to the applicable statutory regime and whether the court should intervene at all. Central to the dispute was whether the hybrid clause was workable, and how it should be given effect in light of well-established principles favouring party autonomy in arbitration. The court ultimately emphasised that, where possible, arbitration agreements should be construed in a manner that gives effect to the parties’ intention to arbitrate, even where the drafting is less than ideal. In doing so, croft j engaged in a detailed analysis of international authorities on hybrid arbitration clauses, recognising both their enforceability and the practical difficulties they present. The decision also highlights the continuing importance of the kompetenz-kompetenz principle, with the court exercising restraint in circumstances where questions of jurisdiction were properly capable of determination by the arbitral tribunal itself. Luke, calum and ben draw on both the judgment and broader arbitral practice to explore the risks inherent in hybrid clauses, the limits of judicial intervention, and the drafting lessons for commercial parties navigating complex dispute resolution frameworks. This is a case that underscores a simple but critical point: when it comes to dispute resolution clauses, clarity is everything.

March 12, 2026

Ep #98 To Recover or Not - the Sunken Military Craft Act’s Application to Salvage Claims with Joseph Carilli

Case: Global Marine Exploration, Inc. v. Republic of France.Guest: Joseph Carilli, Counsel at Floyd Zadkovich (US) LLP . This week, Luke Zadkovich and Joseph Carilli discuss the salvage of sovereign vessels in the U.S. territorial sea, focusing on the decision of the U.S. Court of Appeals for the Eleventh Circuit in Global Marine Exploration, Inc. v. Republic of France.The case traces its origins back to the 16th century, when France challenged Spain’s control over territories in the Americas. In May 1565, seven French vessels led by Jean Ribault sailed to Florida, followed shortly by a Spanish fleet commanded by Pedro Menéndez de Avilés. After a hurricane struck in September 1565, several French vessels were driven south and sank off the coast near Cape Canaveral.Centuries later, in 2015, Global Marine Exploration obtained a permit from the State of Florida to explore an offshore area near Cape Canaveral. During its exploration, the company identified several shipwrecks and believed one to be la Trinité, one of Ribault’s lost vessels. Global Marine contacted the French Embassy, but France responded via diplomatic note asserting ownership of the wreck and opposing any commercial exploration.Despite this, Global Marine filed proceedings in the U.S. District Court for the Middle District of Florida seeking a salvage award and other remedies. The litigation included claims for a maritime lien, unjust enrichment, misappropriation of trade secrets relating to location data, and tortious interference with its relationship with the Florida Department of State.France argued that the claims were barred under the Foreign Sovereign Immunities Act and the Sunken Military Craft Act. Ultimately, the courts agreed. The district court held that the Act barred both in rem and in personam salvage claims and found that la Trinité qualified as a sunken military craft. It also rejected Global Marine’s other claims, including unjust enrichment and trade secret misappropriation.On appeal, the Eleventh Circuit affirmed the district court’s decision.Luke and Joseph explore the legal framework governing sovereign wrecks, the application of the Sunken Military Craft Act, and the implications of the case for salvage operations involving historic vessels.

104 total episodes available

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Frequently asked questions

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What is Case by Case?: Luke Zadkovich and Calum Cheyne of Floyd Zadkovich discuss a new case each week, focused on shipping, international trade and commercial law.

We each read the case, then jump straight on the podcast and hit record. All you hear is our organic conversation and our thoughts on what the case is about, what the Court decided, and how the decision may affect the industry.

*any guidance or suggestions given in any podcast episode is generic in nature and not to be considered as legal advice. Please contact lawyers for specific, legal advice.

www.floydzad.com / marketing@floydzad.com
How often does this podcast release new episodes?: This podcast updates weekly.
Where can I listen to this podcast?: This podcast is available on 7 platforms including Apple Podcasts, Spotify, and more. You can also use the RSS feed directly.
Does this podcast accept guests?: Yes, this podcast regularly features guests.

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