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Supreme Court’s Busy Ocean (Kinda) Law Docket
I just saw the Petitions to Watch on SCOTUSBLOG.
Two cases of relevance to this blog (in my humble opinion anyway):
For the Con Law wonks: Sun v. United States. This case arises from the federal district court in the Commonwealth of Northern Mariana Islands. A criminal defendant challenged his criminal conviction on the basis that the trial judge was not an Article III judge, ergo the judge did not have jurisdiction to hear the case. The Ninth Circuit summarily affirmed the conviction, finding that the judge was an Article IV judge.
For the International Law wonks: Bowoto v. Chevron. The petition asks the court whether American companies can be liable under the Torture Victim Protection Act, 28 U.S.C. 1350 which provides:
An individual who, under actual or apparent authority, or color of law, of any foreign nation— (1) subjects an individual to torture shall, in a civil action, be liable for damages to that individual; or (2) subjects an individual to extrajudicial killing shall, in a civil action, be liable for damages to the individual’s legal representative, or to any person who may be a claimant in an action for wrongful death.
No surprise in this petition because the Ninth Circuit acknowledged the split of interpretation of the Death on the High Seas Act, see my earlier post here. Stay tuned.
Coast Guard Proposes APEC 2011 Security Zones
Fish-Collecting Ban Reso Passes Council
Online Newspaper Article – West Hawaii Today News Article
Eleventh Circuit Upholds Semi-Submersible Drug Running Statute
Cocaine smugglers have taken to use semi-submersible vessels attempting to avoid detection. The below photo is from a recent interdiction.
U.S. Coast Guard photo.
New criminal case from the Eleventh Circuit Court of Appeals involving the constitutionality of the semi-submersible drug trafficking statute, 18 U.S.C. 2285. The case is United States v. Campaz-Guerrero.
New Case From Eleventh Circuit – United States v. Campaz-Guerrero
New case from the Eleventh Circuit Court of Appeals. Will review and comment later, but for now the opinion in the case of United States v. Campaz-Guerrero, 2011 U.S. App. LEXIS 8295 and can be found here.
New Maritime Arbitration Case From Eleventh Circuit – Doe v. Princess Cruise Lines, Ltd.
New maritime arbitration case from the Eleventh Circuit Court of Appeals. It arises from a sexual assault perpetrated by a cruise ship employee upon another employee. The victim brought suit against the cruise line asserting various maritime employment causes of action (Jones Act, maintenance and cure, etc.) The employer sought to compel arbitration of her complaint per her employment agreement. The
Pacific Merchant Shipping Association v. Goldstene
Pacific Merchant Shipping Association v. Goldstene
Docket: 10-1555
Issue(s): (1) Whether the Commerce Clause and the Supremacy Clause prohibit California's extraterritorial exercise of its police powers to require the use of specified low-sulfur fuels on foreign- and U.S.-flagged vessels engaged in foreign and interstate commerce while these ships are on the high seas; (2) Whether
New Case From Fifth Circuit – Gabarick v. Laurin Mar. (Am.) Inc.
New case from the Fifth Circuit Court of Appeals. Will review and comment later, but for now the opinion in the case of Gabarick v. Laurin Mar. (Am.) Inc., 2011 U.S. App. LEXIS 16379 and can be found here.
New Case From Fifth Circuit – Murray Rogers v. Joseph Ingolia, et al
New case from the Fifth Circuit Court of Appeals. Will review and comment later, but for now the opinion in the case of Murray Rogers v. Joseph Ingolia, et al., 2011 U.S. App. LEXIS 8960 and can be found here.