New case from the Fifth Circuit Court of Appeals. Will review and comment later, but for now the opinion in the case of Catalyst Old River Hydroelectric v. Ingram Barge Co., 2011 U.S. App. LEXIS 7879 and can be found here.
Damon Key Attorneys File Amicus Brief in Regulatory Takings Case at Supreme Court
Government passes an ordinance affecting property value, a property owner sells the affected property to another person. The successor owner brings suit to challenge the ordinance as a regulatory taking. Does the fact that the successor purchased the property after the enactment of the ordinance destroy her takings claim?
The Ninth Circuit said yes.
Today
New Case from Eleventh Circuit – Odyssey Marine Exploration, Inc., Keith Bray vs The Unidentified, Shipwrecked Vessel or Vessels, 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 Odyssey Marine Exploration, Inc., Keith Bray vs The Unidentified, Shipwrecked Vessel or Vessels, et al., 2011 U.S. App. LEXIS 6612 and can be found here.
Coast Guard Releases Deepwater Horizon Preparedness Review Report
The U.S. Coast Guard has released its “Incident Specific Preparedness Review” for the Deepwater Horizon oil spill of 2010. Fox is reporting that this report suggests the Administration slowed some of the flow of information from the responders.
The Commandant of the Coast Guard’s approval memorandum states:
On February I, 20II, I received the
Live Blog of Attorney General Confirmation Hearing – March 29, 2011
Rebecca, at www.recordonappeal.com, is live blogging the Senate confirmation hearing for David Louie, Esq. Follow the action below.
New Case from Second Circuit – Donovan v. Centerpulse Spine Tech Inc.
New case from the Second Circuit Court of Appeals. Will review and comment later, but for now the opinion in the case of Donovan v. Centerpulse Spine Tech Inc., 2011 U.S. App. LEXIS 6180 and can be found here.
CSX Transportation v. McBride – Docket No. 10-235
CSX Transportation v. McBride
Question presented:
Whether the Federal Employers’ Liability Act, 45 U.S.C. §§ 51-60, requires proof of proximate causation.
Link to Docket:
Links to Briefs:
Brief of Petitioner CSX Transportation
Brief for Respondent Robert McBride
New Case from Fifth Circuit – Drapela v. United States
New case from the Fifth Circuit Court of Appeals. Will review and comment later, but for now the opinion in the case of Drapela v. United States, 2011 U.S. App. LEXIS 5975 and can be found here.
New Maintenance & Cure Case from Fifth Circuit – Orlando Ramirez v. Amer Pollution Control Corp.
New maintenance and cure case from the Fifth Circuit Court of Appeals. It is unpublished, and therefore of limited precedential value, but does show the effect of a non-disclosure of pre-existing physical condition on a claimant’s later maintenance and cure claim. In this case, the employer obtained summary judgment and the Plaintiff’s claims dismissed because
New Marine Insurance Case from Fifth Circuit – St. Paul Fire & Marine Ins. Co. v. Board of Commissioners of the Port of New Orleans
New marine insurance case from the Fifth Circuit Court of Appeals. It relates to whether a “bumbershoot” insurance policy is a marine contract, giving the federal court admiralty jurisdiction. The trial court held it was and the Fifth Circuit affirmed in an unpublished decision. The insurer did prevail on its attempt to have New York