Stay tuned here or at www.inversecondemnation.com for live blogging of the Senate confirmation hearing for the nomination of Mark Recktenwald as Chief Justice of the Hawaii Supreme Court.
New Admiralty Case from Fifth Circuit – Casas v. Joiner
New admiralty case from the Fifth Circuit Courtof Appeals. Will review and commentlater, but the opinion in the case of Casas v. Joiner, 2010 U.S. App. LEXIS 16827 and can befound here.
New Admiralty Case from Ninth Circuit – Cassirer v. Kingdom of Spain
New admiralty case from the Ninth Circuit Court ofAppeals. Will review and comment later,but the opinion in the case ofCassirer v. Kingdom of Spain, 2010 U.S. App. LEXIS 16707 and can be found here.
New Maintenace & Cure Case from Third Circuit – Delaware River & Bay Authority v. Jan D. Kopacz
New Maintenance & Cure case from the Third Circuit Court of Appeals. The case is Delaware River & Bay Authority v. Jan D. Kopacz, 2009 U.S. App. LEXIS 21260, and the original opinion can be found here.
Facts: a commuter seaman (ate and slept ashore) was injured at work and brought suit for maintenance and
New Marine Insurance Case from Fifth Circuit – Great Lakes Reinsurance (UK) PLC v. Durham Auctions Inc.
Found this new-er marine insurance case from the Fifth Circuit Court of Appeals (ok, I’m cleaning out the in-tray). The case name is Great Lakes Reinsurance (UK) PLC v. Durham Auctions Inc., and the official opinion can be found here.
At issue in this case is a choice of law provision of a marine insurance policy.
Heroism, Medals and Lies: Ninth Circuit Strikes Down the Stolen Valor Act
A divided panel of the Ninth Circuit Court of Appeals has found the Stolen Valor Act unconstitutional. The decision in the case of United States v. Alvarez can be downloaded here (76 pages so don’t just print!)
The Stolen Valor Act, 18 U.S.C. 704(b), provides:
Whoever falsely represents himself or herself, verbally or in writing,
New Admiralty Case from Eighth Circuit – Boudwin v. Hastings Bay Marina
That first step is a doozy. At least on the Lovie Dovie it is.
New admiralty (though it reads like a premises liability case) case from the Eighth Circuit Court of Appeals. The case is Boudwin v. Hastings Bay Marina, 2010 U.S. App LEXIS 16031 and can be found here .
Facts: during a
New LHWCA Case from Fifth Circuit – Cooper v. Int’l Offshore Servs.
New LHWCA and Jones Act case from the Fifth Circuit Court of Appeals. The case sets out the impact of a LHWCA settlement on a claimant’s other non-LWHCA claims (i.e. Jones Act, Maintenance & Cure). The case is Cooper v. International Offshore Services, 2010 U.S. App. LEXIS 16133 and can be found here.
Per the court,
Charles Cooper was seriously injured while loading supplies onto the M/V INTERNATIONAL THUNDER during the course of his employment. He settled his compensation claims with his employer, International Marine, and its parent company, International Offshore Services, (collectively “International”) through the administrative processes in the Longshore and Harbor Workers’ Compensation Act (“LHWCA”). Thereafter, he filed a complaint against International for negligence and sought damages, maintenance, and cure. International’s motion for summary judgment was granted. We AFFIRM.
The court found that the because the claimant did not appeal the order approving the settlement with the employer, he was barred from bringing a separate suit for damages because the settlement agreement settled all claims.
To Rob or Not To Rob – Musings on Pirates
The Wall Street Journal Law Blog today reports on the federal prosecution of Somali pirates and the difficult question of who is a pirate.
The challenge of prosecuting modern day criminal activity with relatively ancient statutes is not for the faint of heart. That being said, as pointed out last year in my post
On Chief Justices and Experiences
Governor Linda Lingle nominated Associate Justice Mark Recktenwald to be the next Chief Justice of the Hawaii Supreme Court.
As a service to the public, my fellow bloggers and bloggers-to-be, have begun to digest the opinions of Justice Recktenwald. We are posting them to www.inversecondemnation.com.
We also will be following the confirmation process and