New case from the Fourth Circuit Court of Appeals. Will review and comment later, but for now the opinion in the case of F.C. Wheat Mar. Corp. v. United States, 2011 U.S. App. LEXIS 24731 and can be found here.
2011
Michigan Seeks Supreme Court Review of Army Decision on Asian Carp
The Asian Carp. It is an ugly fella. Should the federal government be required to install block nets to stop these beasties from invading the Great lakes? We’ll see if the Supreme Court thinks that is a question it should be asking.

Photo courtesy of the National Park Service.
The Asian Carp is an invasive…
New Maritime Insurance Case from Seventh Circuit – Egan Marine Corp. v. Great American Insur. Co.
New maritime insurance case from the Seventh Circuit Court of Appeals. The case involves a pollution insurance policy and coverage for an oil spill following a vessel explosion in Chicago. The case is Egan Marine Corp. v. Great American Insur. Co., 2011 U.S. App. LEXIS 23369 and the original opinion can be found here.
The …
In Memoriam: Professor Jon Van Dyke (1943-2011)
We were saddened to learn that Professor Jon Van Dyke passed away suddenly yesterday. His official accomplishments can be found at the University of Hawaii Law School’s website and the Star-Advertiser’s article.
For UH Law alums, “JVD” was a constant presence. His Constitutional Law I class was required curriculum and focused on the 14th…
When is a floating structure not a vessel? The City of Riviera Beach vs That Certain Unnamed Gray, Two-Story Vessel Approximately Fifty-Seven Feet in Length, Fane Lozman
You know you have a backlog of cases to post when you see a cert petition appealing the un-blogged case….
So, to rectify that delay, let’s talk about what is a “vessel” – or if it walks like a duck, talks like a duck, but can’t swim like a duck ….
Before we start –…
New Case From Ninth Circuit – Am. Trucking Associations v. City of L.A.
New case from the Ninth Circuit Court of Appeals. Will review and comment later, but for now the opinion in the case of Am. Trucking Ass’Ns v. City of L.A., 2011 U.S. App. LEXIS 22086 and can be found here.
New Case From Eleventh Circuit – Bernard Boroski v. Dyncorp International, et al.
New case from the Eleventh Circuit Court of Appeals. Will review and comment later, but for now the opinion in the case of Bernard Boroski v. Dyncorp International, et al., 2011 U.S. App. LEXIS 21776 and can be found here.
Update: Development Exactions Case
I put together a quick Legal Alert update on the West Linn Corporate Park v. City of West Linn case which is being appealed to the U.S. Supreme Court. It will be about two weeks until we receive word if the Supreme Court agrees to hear the case.
In the meantime,
News Flash – SCOTUS Review Sought for Ninth Circuit Exactions Case
Just back from a talk with the Land Use Research Foundation of Hawaii. I posted the outline of my talk earlier, but we will be watching this case, so I thought a post appropriate (bear with me – I know this is an ocean law blog, but I do practice a lot of…
Presentation for the Land Use Research Foundation of Hawaii – Exactions of Personal Property
This morning I presented a seminar on the case of West Linn Corporate Park v. City of West Linn. The outline of my talk at the Land Use Research Foundatiaon of Hawaii is below:
Personal Property Exactions for Discretionary Permits:
Supreme Court Considers West Linn Corporate Park v. City of West Linn
• Question: Do the “essential nexus”…