New case from the Ninth Circuit Court of Appeals regarding maritime status to afford protections under the Longshore and Harbor Workers Compensation Act. It is unpublished, and therefore of limited precedential value, but it does highlight the applicable test for Longshore Act applicability. The case is Sea-Logix, LLC v. Booker, 2010 U.S. App. LEXIS 9517, and the original
December 2010
New Case from Fifth Circuit – Great Lakes Dredge & Dock Co. LLC v. La. State
By Mark M. Murakami on
New case from the Fifth Circuit Court of Appeals. Will review and comment later, but the opinion in the case of Great Lakes Dredge & Dock Co. LLC v. La. State, 2010 U.S. App. LEXIS 21462, can be found here.
EPA Sues Diesel Engine Manufacturer for Clean Air Act Violations: U.S. v. Coltec Industries Inc.
By Mark M. Murakami on
Found an interesting case recently relating to Fairbanks Morse diesel engines on several Navy ships. The United States, particularly the Environmental Protection Agency, brought suit against Coltec Industries for violations of the Clean Air Act. The complaint can be downloaded here – US v. Coltec Industries, et al .
The government alleges that pursuant to the Clean …
Upcoming ICA Oral Arguments on Ripeness and Regulatory Takings
By Mark M. Murakami on
Stay tuned here for a live blog of oral arguments in the case of Leone v. County of Maui.
On Wednesday, December 8, 2010 at 10:00 a.m. HST, the Intermediate Court of Appeals will hear this case involving regulatory takings, Williamson County ripeness and GATRI v. Blane, 88 Haw. 108, 962 P.2d 367 (1998).…
SCOTUS FOIA Case – Transcript of Oral Argument Available
By Mark M. Murakami on
Freedom of Information Act cases reach the Supreme Court about once every 15 years. Milner v. Dep't of Navy is an interesting case that pits the Navy's desire for security of its bases against the public's statutory right to disclosure of government documents, bundled up with the post-9/11 desire to ensure local responders (without federal security clearances) have the information they need to respond to natural and man-made disasters.
Oral argument was earlier this week. The transcript is here. My earlier posts on this case can be found here.
The FOIA exemption at issues is remarkably innocuous:
5 U.S.C. § 552(b) of the Freedom of Information Act ("Exemption 2") provides in pertinent part:
(b) This section [providing for public access to government documents] does not apply to matters that are:
(2) related solely to the internal personnel rules and practices of an agency.
New Case from Seventh Circuit – Deering v. Nat’l Maint. & Repair
By Mark M. Murakami on
New case from the Seventh Circuit Court of Appeals. Will review and comment later, but the opinion in the case of Deering v. National Maintenance and Repair, 2010 U.S. App. LEXIS 24580, can be found here.
New Case on Governmental Contractor Defense: Stephanie Rodriguez, et al. v. Lockheed Martin Corporation, et al.
By Mark M. Murakami on
New Ninth Circuit case on the governmental contractor defense. It is Rodriguez v. Lockheed Martin, and can be downloaded here.
During military training on the island of Hawaii, one soldier was killed and another two soldiers were injured by an explosion in the 81mm mortar they were firing. The widow and survivors brought suit…
New Admiralty Case from Fifth Circuit – Alphamate Commodity GMBH v. Food
By Mark M. Murakami on
New case from the Fifth Circuit Court of Appeals on the elements of a maritime contract. The case is Alphamate Commodity GMBH v. Food, 2010 U.S. App. LEXIS 24370 and the original opinion can be found here.
Facts: a creditor sought Rule B attachment of a shipment of corn aboard a vessel berthed in Louisiana. …
https://www.surfandturflaw.com/2010/12/big-blog-week-coming-up-december-7th-service-at-pearl-harbor-and-a-live-blog-at-the-ica-for-a-land-use-case-from-maui-sta.html
By Mark M. Murakami on
Big blog week coming up. December 7th service at Pearl Harbor and a live blog at the ICA for a land use case from Maui.
Stay tuned!