New Longshore Case From Eleventh Circuit – Langfitt v. Federal Marine Terminals, Inc.
New Longshore case from the Eleventh Circuit Court of Appeals. It involves the exclusivity of the compensation scheme nestled in the Longshore and Harbor Worker’s Compensation Act. the case is Langfitt v. Federal Marine Terminals, Inc., 2011 U.S. App. LEXIS 15658 and can be found here.
Facts are simple: longshore worker is injured
New Maritime Contract Case From Ninth Circuit – Federal Insurance Co. v. Union Pacific Railroad Co.
Another maritime case about a train wreck. The case is Federal Insurance Company v. Union Pacific Railroad Company and it can be found here.
Facts: Company contracts with carrier to ship goods from Singapore to Alabama. Cargo damages when train derails on mainland portion of transport. Insurance company pays shipper’s claim then brings
New Case From Fifth Circuit – One Beacon Insurance Company v. Crowley Marine Services
New case from the Fifth Circuit Court of Appeals. Will review and comment later, but for now the opinion in the case of One Beacon Insurance Company v. Crowley Marine Services, 2011 U.S. App. LEXIS 15620 and can be found here.
New Cruise Injury Case From Eleventh Circuit – Crist vs Carnival Corp.
Attention Cruisers: this is your Captain speaking.
Your ticket says that you have a one year statute of limitation if you get injured. It also says that you have a choice of law and have selected a forum to bring your claim.
The Eleventh Circuit says, “Ignore them at your risk.”
The case is Crist
New Cert Petition from 9th Circuit – Submerged Lands Act – Pacific Merchant Shipping Association v. James Goldstene
Among the cases in my queue awaiting my analysis is Pacific Merchant Shipping Association v. Goldstene, which can be downloaded here. It relates to the Submerged Lands Act and whether it preempts state regulation of marine fuels. Not a simple topic to blog about, hence Apparently a Petition for a Writ of Certiorari was
Update: Environmental Groups Seek Regulations to Prevent Whale Strikes
In reference to my earlier post regarding the environmental lawsuit to stop whale strikes, here is the Petition compiled by several environmental groups to regulate ship speed off the coast of California to prevent whale strikes.
From the Petition:
Pursuant to the Administrative Procedure Act, 5 U.S.C. § 553(e), the Center for Biological Diversity, Environmental
Publications
- Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches, 35 Vt. L. Rev. 437 (2010) (with Robert H. Thomas and Tred Eyerly)
- Laws Can Play Critical Role in Fighting Piracy, Pacific Business News, May 1, 2009
- Co-author, Justice Ruth Bader Ginsburg and Gender Discrimination, 20 U. Haw. L.
New Jones Act Case from Fifth Circuit – Bonin v. Ryan Marine Services, Inc.
New Jones Act case from the Fifth Circuit Court of Appeals. No major legal issues as the appeal was taken on factual/evidentiary grounds.
Note to claimant’s attorneys: Fifth Circuit did not require expert testimony to establish the negligence of owner or Captain.
The case is Bonin v. Ryan Marine Services, Inc., 2011 U.S. App. LEXIS 3227
New Case From Second Circuit – TradeComet.com LLC v. Google, Inc.
New case from the Second Circuit Court of Appeals. Will review and comment later, but for now the opinion in the case of TradeComet.com LLC v. Google, Inc., 2011 U.S. App. LEXIS 15311 and can be found here.