Fifth Circuit – Insurance Company Must Defend Municipality for Katrina “Condemnations”
Natural disasters, condemnations, and insurance coverage – sounds like my kinda case!The Fifth Circuit just held that an insurance company had a duty to defend several lawsuits brought against St. Bernard parish for post-Katrina condemnation and demolition of over 5700 structures. The case is Lexington Insurance Co. v. St. Bernard Parish Gov't and the opinion
Amicus Brief – Do the Feds Have to Pay for Taking a Reversionary Interest?
Last week, Robert Thomas, Bethany Ace and I all filed an amicus curiae brief in the U.S. Supreme Court on behalf of Owners' Counsel of America and the National Federal of Independent Businesses Small Business Legal Center in the case of Brandt v. United States of America.
The Question Presented is:
This case involves
Gardening Thoughts from a Hawaii Lawyer – Bananas
Headed to the garden to prune, plant and sow when what should I see but a big bunch of bananas hanging over the wall with my neighbor.
You would be amazed at how often I hear questions about who owns fruit hanging over the property line or, the less fun variant, can I
Fifth Circuit Says Punitive Damages Available for Claims of Unseaworthiness
The case is McBride v. Estis Well Service, LLC and it can be found here.
New 11th Circuit Case on Seamen’s Wage Act – Wallace v. NCL
The Eleventh Circuit Court of Appeals just handed down a decision regarding a wage claim brought by several stewards onboard a NCL cruise ship. The decision is Wallace v. NCL and the opinion can be found here.The decision is lengthy but wage appeals are pretty rare, hence this post.The summary is:This appeal involves
U.S. Liability for Damage to Vessels Suspected of Drug Smuggling – Ninth Circuit Decision
The Ninth Circuit Court of Appeals just handed down a decision relating to the federal government's liability for suspected drug smugglers' vessels, damaged during the law enforcement investigation. The case is Tobar v. United States and the opinion can be found here.The U.S. Coast Guard suspected an Ecuadorian fishing boat of illicit activities. With
Public Trust, Tidelands and the Eleventh Amendment – Oakland v. FMC
asdfasdfas here.
Law in Film Festival – September 2013 – Review of My Cousin Vinny
by Mark M. Murakami
Sometimes it is about the process. In law school, students may learn “the law,” but in order to actually represent clients, they need to know the process, and figure out the rules—written and unwritten—that make courtrooms work. As the old joke goes, “a good lawyer knows the law, a great lawyer
New Abandoned Shipwreck Case from 2nd Circuit
The case is Northeast Research, LLC v. One Shipwrecked Vessel, opinion is here.