Liability for Oil Spills, Warranties for Safe Berth – Third Circuit Decision in Athos I
The Court of Appeals published a decision in the Athos I oil spill. It is a consolidated case arising from a limitation action and an action to apportion liability for oil spill clean up costs, to the tune of $180 million.The opinion is lengthy and I'm still digesting it. But, it can be found
Guardians of the Pacific
Fifth Circuit En Banc Decision on Longshore Act
The Fifth Circuit, en banc, just reversed an earlier panel decision in a Longshore Act case which turned on the situs of the injury and whether it met the jurisdictional requirements of the Longshore and Harbor Worker Compensation Act.En Banc decision is here.Per the Court:In particular, the BRB found that the claimant’s
New Ninth Circuit Admiralty Case – Himalaya Clause, Bills of Lading and Statutes of Limitation
The Ninth Circuit just issued a decision regarding guarantor liability for unpaid amounts following shipment of goods under several bills of lading.The case is Clevo, Co. v. Hecny Transportation, Inc. and the original opinion case be found here.From the court's syllabus (which is a handy-dandy tool the Ninth Circuit is using to provide a
ABA Section of Litigation 2013
Plenary session with David Axelrod, Mayor Emanuel and Senator Cullerton
Hawaii Seeks Federal Permit for Statewide Fishpond Restoration
Background information here.
New Video: Federal Appeals – My Presentation to the Hawaii State Bar Appellate Law Section
On April 15, 2013, I was pleased to be on a panel discussing federal appeals. My co-panelists were Judge Rick Clifton of the Ninth Circuit Court of Appeals and Clare Connors of the Davis Levin Livingston firm.
Lots of pointers about fonts, briefs, and oral arguments.
New Ninth Circuit Longshore Case – Is Suicide Compensable Injury?
I am in trial this week, but a very interesting case was just handed down by the Ninth Circuit Court of Appeals. The title is Kealoha v. Leeward Marine, Inc. and the opinion can be found here.The Longshore Act precludes compensation for injuries caused by an employee's "willful intent to injure or kill himself."
Houseboat Redux – Eleventh Circuit Reinstates Lawsuit
According to this report in the Miami Herald ("Houseboat activist Fane Lozman wins again; says he will seek million from city over civil rights"), the fellow who recently prevailed in the U.S. Supreme Court in Lozman v. City of Riviera Beach, No. 11-626 (Jan. 15, 2013) isn't giving up.The Herald reports:The 11th