Spain Seeks $4 Million in Fees from Odyssey Marine in Black Swan Case

Posted on April 20, 2012


Spain has filed a motion to recover fees and costs of approximately $4 million in the “Black Swan” case.

According to the Local Admiralty Rule 7.03-(g), Spain should have petitioned for fees at the same time it moved to have the arrest vacated, which it never did. In the motion for fees, Spain argues that because a hearing on the arrest was never requested or held, the requirement does not apply. Fees are not generally given in admiralty claims.

Melinda MacConnel, Odyssey’s General Counsel commented, “While we expected this motion based on past comments to the press, Spain has no statutory or contractual right to attorney’s fees in this case. We intend to vigorously defend our interests and will file an appropriate response.”

My personal opinion is that the case was decided erroneously, twice, and on political rather than legal considerations. So I would hope that Spain’s motion will not be successful. But time will tell, and I’ll report further as updates become available.

Read the full article Odyssey Marine Exploration Provides Comments on Motion to Recover Fees in “Black Swan” Case