Gordon D. Schreck Principal

Phone: (843) 720-4605  |  Fax: (843) 723-7398  |  Email: gschreck@buistmoore.com

Practice Areas
Admiralty and Maritime
Environmental

Gordon D. Schreck’s practice focuses on admiralty and maritime matters of all types, including personal injury, cargo damage, collisions and allisions, charter party disputes, ocean and inland tugs and towing, recreational boating casualties, marine finance, and marine environmental pollution. His status in the admiralty bar, at both local and national levels, is evidenced by leadership positions held during his career, including Director of the Maritime Law Association of the U.S., Chairman of the Southeastern Admiralty Law Institute and Chair of the Maritime Law Sections of both the Federation of Insurance and Corporate Counsel and the South Carolina Defense Trial Attorneys’ Association. He is a founding director of the Maritime Arbitration Association, and currently chairs the Board of Advisors of the Charleston Maritime Law Institute, which he helped found in 2005 at the Charleston School of Law. He is also an Associate Editor for American Maritime Cases, the leading admiralty law case reporter in the United States.

Mr. Schreck heads the firm’s Admiralty and Maritime Practice Group and is former chair of its Litigation Department. He is a permanent member of the U.S. Fourth Circuit Judicial Conference, and has been listed in the Best Lawyers in America since 1989.

Selected Reported Decisions:

•	Federal Court of Appeals
•	Naviera JOANNA v. Koninklijke Boskalis Westminster, 569 F. 3d 189 (4th Cir. 2009), cert. den., ___ S. Ct. ___, 2010 WL 58416 (U.S.). Containership collided with world’s most expensive hydraulic dredge in Chinese territorial waters, with alleged damage to dredge of $326 million. Owner and operator of containership filed limitation of liability action in district court in Charleston against the owners and charterers of dredge to enjoin eight (8) separate admiralty actions commenced in multiple district courts in the U.S. After enjoining the dredge owner and charterer from proceeding in the other actions, the district court in Charleston granted the containership interests’ motion to dismiss its own limitation proceeding on forum non conveniens grounds, holding that China was appropriate forum for Charleston Litigation. On appeal, Fourth Circuit affirmed, holding that containership owner and charterer did not abuse the limitation of liability statute by filing for limitation and then seeking dismissal, and that dismissal under doctrine of forum non conveniens was warranted on facts. Served as lead counsel for prevailing operator of containership.
•	Ocean Ship Supply, Ltd. v. M/V LEAH, 729 F.2d 971 (4th Cir. 1984). Canadian corporation filed Complaint seeking payment for supplies furnished by ship's previous owners, and arrested ship to secure the claim. Canadian law was applied which provides no maritime lien would lie against new ship owner. District court awarded damages to shipowner for wrongful arrest, and verdict affirmed on appeal. Represented defendant shipowner.
•	SC State Ports Authority v. M/V TYSON LYKES, 837 F. Supp. 1357 (D.S.C. 1993) 67 F.3d 39, (4th Cir. 1995). Affirming district court's denial of maritime lien treatment for container crane and container handling equipment rental charges. Successfully defended shipowner.
•	States Marine Lines, Inc. v. Shultz, 359 F. Supp. 512 (D.S.C. 1973) rvrsd. 498 F.2d 1146 (4th Cir. 1974). Successfully prosecuted 5th Amendment Constl. taking claim against U.S. Customs Service in connection with civil penalty action asserted against shipping line.
•	Transamerica Commercial Finance Corp. v. F/V SMILELEE, 994 F.2d 186 (4th Cir. 1991). Determination as to priority between preferred ship mortgagee and maritime lienors. Successfully represented Plaintiff-Mortgagee.
•	Evergreen Intl., S.A. v. Marinex Construction Co., Inc., 477 F. Supp. 2d 681 (D.S.C 2007), aff’d. 2008 AMC 1678 (4th Cir. 2008). Affirming non-jury verdict for shipowner for damage to vessel resulting from allision with submerged dredge pipe causing oil spill. Represented plaintiff shipowner.
•	United States District Court
•	Naviera JOANNA v. Koninklijke Boskalis Westminster, 531 F. Supp. 2d 680 (D.S.C. 2007). Owner and charterer of Panamanian-flag containership filed petition to limit liability for claims arising from collision with Dutch-owned and Chinese-chartered dredge in Chinese territorial waters, and sought to enjoin prosecution by dredge interests of related actions in multiple other district forums to recover their damages. After successfully enjoining the prosecution of all other actions, petitioners then moved to dismiss their own limitation petition on forum non conveniens grounds. Motion to dismiss was granted, the district court holding that petitioners’ filing of limitation action did not preclude them from subsequently seeking dismissal of action on forum non grounds; that dismissal on forum non grounds was not barred by fact that deadline for filing claims in China had already passed; that China was not a clearly unsatisfactory forum; and that dismissal on forum non grounds was warranted. Served as lead trial counsel for petitioner.
•	Banegas v. United Brands Co., 663 F.Supp. 198 (D.S.C. 1986). Action under Jones Act for damages for personal injury sustained while employed as merchant seaman. Prevailed on summary judgment.
•	Beckwith v. Sanko Kisen K.K., 654 F.Supp. 1217 (D.S.C. 1987). Administratrix of estate of longshoreman brought wrongful death action against shipowner as result of accident during discharge operation. Summary judgment granted.
•	Euland v. M/V DOLPHIN IV, 685 F. Supp. 942. Admiralty action to recover for personal injury sustained on cruise ship. Summary judgment obtained for shipowner. (Judge Blatt).
•	Ferromantan, Inc. v. Georgetown Steel Corp., 535 F. Supp. 1198 (D.S.C. 1982). Admiralty action for loss of cargo.
•	Jewel Seafoods Ltd. v. M/V PEACE RIVER, 1999 A.M.C. 2053 (D.S.C. 1999). Suit for damage to cargo. Represented Chinese shipowner. Suit dismissed for lack of subject matter jurisdiction, based on Chinese forum selection clause (Judge Norton).
•	Lincoln v. Reksten Management, A.S., 1999 A.M.C. 1954 (D.S.C. 1999). Maritime personal injury suit by longshoreman against shipowner for injuries sustained while loading cargo in hold. Represented shipowner. Summary judgment for defendant (Judge Duffy).
•	National Maritime Trading v. M/V KAPTAN CEBI, 1998 A.M.C. 201 (D.S.C. 1997). Holder of B/L bound by charter party arbitration clause. Represented Defendant shipowner. Prevailed on motion to stay pending arbitration (Judge Duffy).
•	Nichols v. M/V MAYA, 949 F. Supp. 391, 1997 A.M.C. 872 (D.S.C. 1996). Shipowner held not negligent for wake causing personal injury and property damage. Represented Defendant at trial.(Judge Norton).
•	Pee Dee State Bank v. F/V WILD TURKEY, 1992 A.M.C. 1896 (D.S.C. 1991). Ship mortgagor foreclosure action of vessel. Prevailed on Motion for Interlocutory Sale. (Judge Norton).
•	U.S. v. M/V SANTA CLARA I, 819 F. Supp. 507 (D.S.C. 1993). Motion to dismiss government CERCLA action against ship and its owner to recover response costs incurred when containers of arsenic trioxide were lost overboard; jurisdictional question. Represented Defendant. Case settled (Judge Norton).
•	Smith v. Spanish Line, 1998 A.M.C. 1791 (D.S.C. 1998). Maritime personal injury suit by longshore truck driver against shipowner for injuries sustained when cargo in ocean container shifted, causing tractor truck to turn over. Prevailed on summary judgment for defendant (Judge Duffy).
•	Compania Naviera Joanna S.A., Lim. Procs M/V MSC Joanna, 2007 AMC 2898 (D.S.C. 2007). Limitation proceeding dismissed on forum non conveniens ground. Represented shipowner.
•	South Carolina Supreme Court/Court of Appeals
•	Allstate Ins. Co. v. Mangren, 299 S.C. 226, 383 S.E.2d 464 (Ct. App. 1989). Wrongful death claim against policy holder's estate arising out of boating accident. For Respondent, Allstate. Prevailed on appeal.

Educational Background:

•	University of Virginia School of Law, 1969 - LL.B.
	Virginia Legal Research Group Delta Theta Phi Law Fraternity
•	Princeton Theological Seminary, 1966
	Rockefeller Brothers "Trial Year" Fellowship
•	Hampden-Sydney College, 1965 - B.A., History and Latin
	Board of Trustees, 1999-Present (Chair, Faculty and Academic Affairs Committee)

Professional Background:

•	Buist Moore Smythe McGee P.A. • Chair, Litigation Department, 1996-2008 • Head, Admiralty and Maritime Practice Group, 1993-Present • Management Committee, 1998-2002 • Principal, 1974-Present • Associate, 1970-1974
•	Associate, Moore, Mouzon and McGee, Charleston, South Carolina, 1969-1970

Honors:

•	"AV" rating, Martindale-Hubbell Law Directory, 1982-Present
•	The Best Lawyers in America, Maritime Law, 1989-Present
•	South Carolina Super Lawyers, 2008-Present

Publications, Papers, Programs and Seminars:

•	"Primer for the Defense of Recreational Boating Liabilities in the Next Millenium," co-author with Robert F. Hungerford, Esq., of Vancouver, British Columbia, Canada and Layton R. Mank, Esq., of Miami, Florida (presented at 1999 FICC Annual Meeting, Whistler, British Columbia).
•	"Recreational Boating Liabilities", SEALI Annual Seminar, 1985
•	"Recent Case Developments - Maritime Law," FICC Update, 1993-94
•	"Admiralty Practice under the Supplemental Admiralty Rules, FRCP", Presentation to Clerks of Court of the U.S. District Courts for the Fourth, Fifth and Eleventh Circuits, Wilmington, NC, 1989
•	"Trial Advocacy in South Carolina: The Defense Perspective", National Business Institute Seminar, Charleston, SC 1990
•	Visiting Lecturer in Admiralty Law, University of South Carolina School of Law, 1990-1994
•	Visiting Lecturer in Admiralty Law, Charleston School of Law, 2004-Present

Professional Organizations:

•	American Maritime Cases, Associate Editor, 2002-Present
•	American Bar Association
•	Charleston County Bar Association • Former Chair, Grievance Committee
•	Charleston Maritime Law Institute (Charleston School of Law) • Chair, Board of Advisors
•	Federation of Defense and Corporate Counsel • Chair, Maritime Law Section, 1994-1997 • Vice-Chair, Transportation Law Section, 2001-2004
•	Fourth Circuit Judicial Conference, Permanent Member
•	Maritime Association of South Carolina, Vice-Chairman
•	Maritime Arbitration Association, Founding Director
•	Maritime Law Association of the United States, Proctor Member • Member, Board of Directors, 1996-1999 • Chair, Carrier Security Committee, 1999-2003
•	Propeller Club of the United States, Port of Charleston, Past President
•	South Carolina Bar • Former Member, House of Delegates • Former Chair, Professional Responsibility Committee
•	South Carolina Defense Trial Attorneys' Association
•	Southeastern Admiralty Law Institute • Chairman, 1983-1984 • Permanent Member, Advisory Committee

Bar Admissions:

•	South Carolina Supreme Court, 1970
•	United States Court of Appeals, Eleventh Circuit, 1993
•	United States Court of Appeals, Fourth Circuit, 1971
•	United States District Court for the District of South Carolina, 1970
•	United States Supreme Court, 2009
•	Virginia Supreme Court of Appeals, 1969

Community Organizations:

•	Charleston County Ethics Commission, 1985-1986
•	Charleston Speech and Hearing Center, Inc., Past Vice-President and Director
•	Historic District Appearance Commission, Town of Mt. Pleasant, SC • Member, 1983-1990 • Chairman, 1986-1990
•	Mt. Pleasant Presbyterian Church (PC USA), Elder and Clerk of Session
•	Mt. Pleasant Sertoma Club, Past President