BALTIMORE, Md. — In the court of public opinion, it was only a matter of hours before blame for the Key Bridge Collapse was laid at the feet of the ship's crew and owners.
But in federal court, a judge won't make that determination until June 2026, more than two full years after the collapse. It could then be another year before we find out how much money is owed and to whom.
We turned to a Maryland maritime attorney to help break down the complexities of this case.
There are countless questions for the court to answer. Are the owners of the Dali 100% responsible for the collapse? Do the 40-some parties trying to recover losses all have legitimate claims? If so - how much money are they owed? The list goes on.
There's millions and millions of dollars at stake, but no one will see a dime for years. Federal judge James Bredar is breaking the case up in phases. The first trial date set for next summer - will only answer one question.
"What he's decided to do is focus strictly on the limitation of liability question. Can Grace Ocean limit its liability?" Allen Black, a maritime attorney for D.C.-based firm Mills Black LLP, told WMAR-2 News.
Back in April 2024, just a few days after the Dali crashed into the key bridge, Grace Ocean and Synergy Marine kicked off this whole legal battle. The two companies that own and manage the ship asked the court to either fully exonerate them of liability, or cap their liability at about 44 million dollars. That's what they claim is the total value of the ship after damages.
The Limitation of Liability Act, aka the "Titanic law," dates back to 1851, but is still commonly used today to protect shipowners who take on massive amounts of risk.
But as attorney Allen Black says, it doesn't always work.
“I will say that limitation is generally not favored by the courts,” Black told WMAR-2 News. “I hate to make a prediction, but it seems like it's an uphill battle.”
The ship owners have denied fault or neglect in the collapse. More than 40 other parties have claimed the opposite, saying the companies cut corners to save money at the expense of safety. Attorneys are gathering the facts to make their cases to the judge as we speak.
“Through the winter and into the spring, Monday, Tuesday, Wednesday of every week is a deposition,” Black said. “The deposition itself, that’s an all-day event of questioning, and listening closely. But there’s also the preparation for it, the assembly of the documents, and then the review of the transcripts. So there’s a huge amount of work that the lawyers are going to be doing.”
According to the schedule set by Judge Bredar, the trial for "phase one" will be in June of 2026. That's when he'll determine whether the Dali owners can limit their liability. If he decides they cannot, phase two will likely involve negotiations with the parties trying to recoup losses until a settlement is reached. That could take another year.
But not all of the parties that have filed claims will make it that far. Based on a nearly 100-year-old rule, the judge could dismiss claims from Baltimore City, Baltimore County, and local businesses that were impacted, just to name a few.
The “Robins Dry Dock” rule refers to a 1927 Supreme Court ruling and has long been upheld by the courts.
“It basically says that if your claims are purely economic, none of your own property was impacted by the incident, then your claims can't stand under maritime law. You have no actual claim,” Black told WMAR-2 News.
The bridge is owned by the Maryland Transportation Authority (MDTA), so the State's claim could still stand under the Robins Dry Dock rule, but the city and county are only seeking economic damages, and therefore will likely face a challenge, according to Black.
The rule exists to protect shipowners from a bottomless pit of payouts.
"Basically it comes down to the forseeability of damage. If you fail to properly navigate a ship and it hits a bridge, you understand you’ve hit a bridge and you’re causing that damage. But it's not possible for you to foresee every individual who's going to incur additional economic losses because they have to drive around 695, or every person who's going to lose a job, and not going to be able to get alternative work. It's impossible to foresee that. So it creates unlimited damages,” Black explained.
“That principle has been upheld really over the past 100 years, all around the country, really without exception,” he added. “In the Fourth Circuit, we’ve had other cases where ships have hit bridges, and people have incurred additional expenses and the court really didn’t even blink, and said, 'this is the rule.'”
Grace Ocean and Synergy Marine already settled a claim with the Department of Justice back in October, agreeing to pay out more than $102 million. But as Black explains, that is coming from a different pot of money: "What they paid out to the government were the salvage costs, not really liability costs. Salvage costs are not subject to limitation."
11 members of the Dali crew are still in Baltimore to assist with the case. They will presumably stay here until mid-July, which is the deadline the judge set for interviewing “fact witnesses.”
“My expectation is that after they are deposed, they’ll be allowed to return home, but they’ll be subject to recall and coming back to the states,” Black said.
The Dali itself is back at sea after extensive repairs in Norfolk, Virginia, and later in China.
