New admiralty case from the Ninth Circuit Court of Appeals. Will review and comment later, but the opinion in the case of Rhine v. Stevedoring Servs. of Am., can be found here.
2010
New Admiralty Case from 6th Circuit – Oregon Rule and Comparative Negligence
By Mark M. Murakami on
New admiralty case from the Sixth Circuit Court of Appeals. This one is about the Oregon rule and the rebuttable presumption arising out of allisions. The case is Bessemer & Lake Erie R.R. Co. v. Seaway Marine Transport, and can be found here.
The trial court found that the Oregon rule established prima facie liability on behalf of the vessel for damage cause in an allision and did required the vessel owner to put on evidence to rebut the presumption before it could put on evidence that the damage was not 100% its fault. The Court disagreed. On the Oregon rule, the court stated:
That is not how the Oregon Rule works. It is a burden-shifting doctrine, “not a rule of ultimate liability.” City of Chicago, 375 F.3d at 572. While it may be the case that a moving vessel must rebut the presumption to absolve itself of all liability, id. at 573, we know of no case law to the effect that the vessel must rebut the presumption to relieve itself of some liability—that is, to raise a comparative fault defense against the stationary object. “[T]he Oregon Rule . . . speaks explicitly only to a presumed breach on the part of the alliding vessel, and is not a presumption regarding either the question of causation . . . or the percentages of fault assigned parties adjudged negligent.”
I earlier posted on the Oregon rule in a case from the Second Circuit, here.
McDonald v. City of Chicago – Oral Argument Transcript Available
By Mark M. Murakami on
Today, the Supreme Court heard oral arguments in the McDonald v. City of Chicago case. The transcript of that argument is available here.
Case Background
The U.S. Supreme Court is reviewing a case that has the potential to re-write over 100 years of 14th Amendment jurisprudence. The case is McDonald v. City of Chicago, No. 08-1521 (cert granted Sept. 30, 2009).
The Fourteenth Amendment states:
All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Question Presented
The Question Presented is: Whether the Second Amendment right to keep and bear arms is incorporated as against the States by the Fourteenth Amendment's Privileges or Immunities or Due Process Clauses.
My resource page with briefs, opinions below and media is here.
Beyond Gun Control – ABA Teleconference on McDonald v. City of Chicago
By Mark M. Murakami on
Next week, the U.S. Supreme Court is scheduled to hear arguments in McDonald v. City of Chicago, a case asking whether the Fourteenth Amendment’s Privileges or Immunities Clause or the Due Process Clause makes the Second Amendment applicable to the states and local governments. It is shaping up to be one of the most important cases of the court’s term and it could usher in a new era in constitutional jurisprudence.
I am moderating a 90 minute teleconference sponsored by the American Bar Association’s State and Local Government Section today (ABA flyer is here).
Quick summary:
Case Background
The U.S. Supreme Court has agreed to hear a case that has the potential to re-write over 100 years of 14th Amendment jurisprudence. The case is McDonald v. City of Chicago, No. 08-1521 (cert granted Sept. 30, 2009).
The Fourteenth Amendment states:
All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Question Presented
The Question Presented is: Whether the Second Amendment right to keep and bear arms is incorporated as against the States by the Fourteenth Amendment’s Privileges or Immunities or Due Process Clauses.
My resource page with briefs, opinions below and media is here.
New Admiralty Case from Ninth Circuit – M & F Fishing, Inc. v. Certain Lloyds of London Underwriters
By Mark M. Murakami on
New admiralty case from the Ninth Circuit Court of Appeals. Will review and comment later, but the opinion in the case of M & F Fishing, Inc. v. Certain Lloyds of London Underwriters can be found here.
New Admiralty Case from Ninth Circuit – Maritime Attachment
By Mark M. Murakami on
New admiralty case on maritime attachment from the Ninth Circuit Court of Appeals.
Will review and comment later, but the opinion in the case of Equatorial Marine Fuel Mgmt. Servs. PTE v. MISC Berhad can be found here.
New Admiralty Case from Second Circuit Court of Appeals – Mitigation of Damages Need Only Be Reasonable, Not Successful
By Mark M. Murakami on
New admiralty case from the Second Circuit Court of Appeals. Will review and comment later, but the opinion in the case of APL co. PTE Ltd. v. Blue Water Shipping U.S. Inc. can be found here.
New Admiralty Case from Fifth Circuit – First American Bank v. First American Transportation Title Insurance Co.
By Mark M. Murakami on
New admiralty case from the Ninth Circuit Court of Appeals. Will review and comment later, but the opinion in the case of First American Bank v. First American Transportation Title Insurance Co., can be found here.
New Admiralty Case from Eleveth Circuit – _______
By Mark M. Murakami on
New admiralty case from the Ninth Circuit Court of Appeals. Will review and comment later, but the opinion in the case of Misener Marine Construction, Inc. v. Norfolk Dredging Company can be found here.
New Admiralty Case from Ninth Circuit – Proshipline Inc. v. Aspen Infrastructures Ltd.
By Mark M. Murakami on
New admiralty case from the Ninth Circuit Court of Appeals. Will review and comment later, but the opinion in the case of Proshipline Inc. v. Aspen Infrastructures Ltd., can be found here.