Brad Gandrup

Contact

T:   (617) 314-6160

M:  (617) 407-1481

E: brad.gandrup@fisherbroyles.com

Boston and New York Offices

vCard

Brad Gandrup

Practice Areas

  • Admiralty and Maritime
  • Civil – Pretrial and Trial
  • Civil – Appellate
  • Commercial Litigation
  • Insurance
  • International

Bar Admissions

  • Massachusetts
  • New York
  • Louisiana (inactive)
  • U.S. District Court for the District of Massachusetts
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Eastern District of Louisiana
  • U.S. District Court for the Middle District of Louisiana
  • U.S. District Court for the Western District of Louisiana
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Second Circuit
  • Supreme Court of the United States

Education

  • Suffolk University Law School, J.D., cum laude, 1983
  • University of Connecticut, B.A., cum laude, 1978

Large Law Firm Experience

  • Pierce Atwood LLP
  • Phelps, Dunbar, Marks, Claverie & Sims

Brad has represented clients for over 30 years in civil litigation and arbitration matters, with a focus on admiralty and maritime law. Brad’s clients have included oil, technology and insurance companies, marine classification societies, vessel owners and charterers, cargo interests, marine construction and dredging companies, and salvage companies.

Brad represented the petitioner in Exxon Corp. v. Central Gulf Lines, Inc., 500 U.S. 603 (1991), in which the United States Supreme Court overruled its own 135-year-old precedent and expanded federal admiralty jurisdiction in favor of his client.  Brad also has substantial experience defending marine classification societies in major malpractice cases, including the $1 billion suit brought by the Kingdom of Spain against the American Bureau of Shipping concerning the massive oil spill from the M/T PRESTIGE off the coast of Spain, and another brought by cargo interests against Bureau Veritas concerning the catastrophic failure and sinking of the M/V STAR OF ALEXANDRIA.  He obtained the first federal maritime decision to clearly hold that, under the Federal Arbitration Act, to be enforceable, an arbitration provision in an international commercial agreement must be in a writing signed by the parties, or evidenced by an exchange of correspondence.

In addition to his litigation work, Brad assists clients in concluding various types of maritime transactions, including the purchase and sale of vessels and charter parties. Brad has also advised clients concerning the coastwise trading provisions of the Jones Act, and federal and state marine environmental law.

Representative Matters

  • Defended manufacturers and retailers in maritime products liability cases
  • Defended vessel owners in personal injury and death cases brought by Jones Act seamen, and in recreational boating cases
  • Acted as Of Counsel to the United States in defending the commercial operator of a U.S. Navy ship in a seaman’s personal injury case.
  • Represented U.S. and English insurers in insurance coverage litigation
  • Represented Moroccan cargo interests in suits for damage to cargo
  • Defended a vessel owner in a suit by a shipyard for vessel repairs
  • Defended a vessel owner in a suit by a terminal owner for allision damage to a pier
  • Represented a salvor in securing rights to a shipwreck
  • Represented a Greek joint venture in a major maritime bankruptcy
  • Defended a German manufacturing company in products liability cases
  • Represented a Boston Harbor property owner in wreck removal litigation
  • Represented native Alaskan interests in the EXXON VALDEZ oil spill litigation

Honors & Distinctions

  • Rated AV® Preeminent™ 5.0 out of 5 by Martindale-Hubbell
  • Named in Best Lawyers in America® for Maritime Law in 2016-2019

Professional Activities

  • Maritime Law Association of the United States
  • Connecticut Maritime Association
  • Massachusetts Bar Association
  • Boston Bar Association

Presentations

  • 30th Annual Construction Superconference, San Diego, 2015. Chair of a panel concerning Offshore Winds Farms and the Convergence Between Admiralty Law and Construction Law.
  • Spanish Maritime Law Association – presentation concerning the oil pollution laws of the coastal United States.

Publications

  • JD Supra article concerning U.S. Discovery in Aid of Foreign Proceedings under 28 U.S.C. Section 1782
  • JD Supra article concerning the International Code for Ships Operating in Polar Waters

In the News

Selected Reported Cases

  • In re Urbelis, Civil Action No. 15-cv-12358-ADB, 2018 U.S. Dist. LEXIS 17127 (D. Mass. Feb. 2, 2018)
  • Maclean v. Travelers Ins. Co., 299 F. Supp. 3d 231, 2017 U.S. Dist. LEXIS 178144, 2017 AMC 2462 (D. Mass. Oct. 26, 2017)
  • In re Complaint of Urbelis, Civil Action No. 15-cv-12358-ADB, 2016 U.S. Dist. LEXIS 117449, 2016 AMC 2690 (D. Mass. Aug. 31, 2016)
  • In re L&G Fisheries LLC, No. CV 14-1548 (SJF)(AYS), 2015 U.S. Dist. LEXIS 158876, 2015 WL 7422225, 2015 AMC 2179 (E.D.N.Y. Aug. 10, 2015)
  • Reino de Espana v. American Bureau of Shipping, Inc., 691 F.3d 461, 2012 U.S. App. LEXIS 18425, 2012 AMC 2113 (2d Cir. August 29, 2012)
  • Maroc Fruit Bd. S.A. v. M/V Vinson, Civil Action No. 1:10-10306-JLT, 2012 U.S. Dist. LEXIS 104374, 2012 WL 2989195, 2012 AMC 2278 (D. Mass. July 11, 2012)
  • Maroc Fruit Bd. S.A. v. Vinson, 285 F.R.D. 181, 2012 U.S. Dist. LEXIS 146082, 2012 WL 4822660, 83 Fed. R. Serv. 3d (Callaghan) 1034 (D. Mass. October 10, 2012)
  • Reino De Espana v. American Bur. of Shipping, Inc., 729 F. Supp. 2d 635, 2010 U.S. Dist. LEXIS 78403, 2010 WL 3034878, 2010 AMC 1877 (S.D.N.Y. August 3, 2010)
  • Carbotrade S.p.A. v. Bureau Veritas, 99 F.3d 86, 1996 U.S. App. LEXIS 28110, 1997 AMC 98 (2d Cir. October 31, 1996), on remand, 1999 U.S. Dist. LEXIS 13980, 1999 WL 714126 (S.D.N.Y. Sep. 11, 1999)
  • Carbotrade SpA v. Bureau Veritas, 92 Civ. 1459 (RPP), 1995 U.S. Dist. LEXIS 43, 1995 WL 5860 (S.D.N.Y. Jan. 4, 1995)
  • Carbotrade SpA v. Bureau Veritas, 92 Civ. 1459 (RPP), 1994 U.S. Dist. LEXIS 235, 1994 WL 9652 (S.D.N.Y. Jan. 13, 1994)
  • Exxon Corp. v. Central Gulf Lines, Inc., 500 U.S. 603 (1991), 111 S. Ct. 2071, 114 L. Ed. 2d 649, 1991 U.S. LEXIS 3022, 59 U.S.L.W. 4571, 91 Cal. Daily Op. Service 4101, 91 Daily Journal DAR 6420, 1991 AMC 1817, on remand, 780 F. Supp. 191 (S.D.N.Y. 1991)