New case involving products liability arising from a boat engine. The case is Curtis Oswalt v. Resolute Industries Inc., 2011 U.S. App. LEXIS 12114 and can be downloaded here.
The case involved a repair gone awry, eventually leading to a fire. The repairer was sued and brought a third party complaint against the
The National Marine Fisheries Service is holding a series of public meetings to discuss its proposed rule regarding Hawaiian Monk Seal critical habitat. The proposed rule is here. The rule's background is:
In the notice of the proposed rulemaking, we propose to revise the current critical habitat for the Hawaiian monk seal (Monachus schauinslandi)
This is a case about the applicability of the Federal Arbitration Act to a contract that specified the usage of English law. Hold on, don’t close the post, I’m posting because it arose out of the grounding of the M/V Cape Flattery, near Barbers Point, Oahu. The salvage caused damage to the coral reef nearby and the United States
The Court of Appeals for the District of Columbia Circuit just handed down its decision in the case of Lake Carriers’ Association v. EPA, 2011 U.S. App. LEXIS 14996 which can be found here.
Summary: This case involved several maritime trade associations bringing a challenge to a nationwide permit for the discharge of pollutants
New admiralty case from the Fifth Circuit Court of Appeals. In brief, the case involved an allision between a Mobile Offshore Drilling Unit (MODU) and an oil platform. The issue in the case was whether the trial court mistakenly let an admiralty case go to a jury when admiralty cases are not tried by juries. The court found the case governed by
Marine spatial planning and ocean governance is a very hot issue these days. Professor Robin Craig from Florida State University College of Law posted an upcoming law review article on the subject, entitled: Ocean Governance for the 21st Century: Making Marine Zoning Climate Change Adaptable. It is available on SSRN here.
More and more Americans are
New admiralty case from the First Circuit Court of Appeals. Issues are breach of implied warranty in the admiralty context. The case is Fairest-Knight v. Marine World Distributors, Inc., 2011 U.S. App. LEXIS 14531 and can be found here.
Ah, the joys of owning a boat. Circuit Judge Rorruella agrees, beginning this opinion:
This case, involving
A Judge, a Bar President and a bunch of attorney hula dancers
