New Admiralty Case – 11th Circuit Opinion on Choice of Law and Equitable Claims
An interesting (if you are a civil procedure wonk), and lengthy, admiralty decision was just published by the Court of Appeals for the Eleventh Circuit.
I’m still digesting the opinion in Cooper v. Meridian Yachts, Ltd. From my initial skim, the court ruled that the choice of law provision applied to third-party equitable claims. More to follow.
Maui Reef Damage Case: Settlement Hopeful
The Maui News reports that a settlement is near in the litigation related to reef damage near Makena.
Per the article, the State Department of Land and Natural Resources is proposing to reduce the fine sought from a Maui tour boat operator from $542,950 to $130,000. The Board of Land and Natural Resources will consider the
New Admiralty Case – 2nd Circuit Clarifies “Oregon” Rule on Allisions
The Court of Appeals for the 2nd Circuit, based in New York, has recently decided a case which clarifies the plaintiff’s burden of proof in allision cases. An allision is a collision between a moving object and a stationary object.
In the case of Zerega Avenue Realty Corp. v. Hornbeck Offshore Transportation, LLC, a barge
Murphy’s Law of the Sea: Port Royal Investigation Released
Not related to the law, but this sure seems to be a good case study in afloat operations, military and civilian.
The Honolulu Advertiser has published details about the Navy's Safety Investigation Board Report into the grounding of the USS Port Royal. My earlier post on the Port Royal incident, here.
The report denotes causes
Defending Against Pirates – Guidelines for Self Defense and Firearms
Captain Bryant has a great post on three recent Coast Guard Port Security Advisories related to defending U.S. flagged, commercial vessels from the threat of piracy. The three advisories are available for download at his blog.
From the Coast Guard's advisory:
Working with our interagency partners we have identified at least three options under which firearms could be exported and used aboard vessels in compliance with the ITAR, 1) obtaining a temporary export license (DSP-73), 2) temporarily exporting firearms and ammunition under an exemption to the ITAR, and 3) purchasing foreign firearms and filing for a temporary import license (DSP-61) when entering U.S. ports. The option that provides the most flexibility for an owner or operator of a vessel would be to obtain a DSP-73 temporary export license in accordance with 22 CFR 123.5. (Please note that in order to apply for a DSP-73, you must first register with the Department of State. Information on registering is available below.) This license is valid for up to four years, may be used for multiple entries and exits, and would require the operator to identify and list on the license application the firearms or other defense articles (e.g., ammunition) to be carried aboard the vessel. Once the license is obtained the operator could then stow the firearms on board the vessel in a U.S. port and keep them stored aboard the vessel until needed for use within the High Risk Waters by the crew or contracted security teams. Prior to entering or exiting the United States the license holder or their authorized freight forwarder would present the DSP-73 to CBP officials as part of clearing customs. Prior to leaving the United States the license holder or their authorized freight forwarder would have to submit the Electronic Export Information (EEI) through the Automated Export System.
To be sure, this only applies to U.S. vessels carrying firearms when departing U.S. ports and there is a personal exemption detailed in the post.
Exxon Valdez – Ninth Circuit Awards Post Judgment Interest , but….
Exxon Valdez litigation update:
The Ninth Circuit Court of Appeals, on remand following the Supreme Court’s decision limited punitive damages to 1-1 ratio with compensatory damages, awarded post-judgment interest to the Plaintiffs in the amount of $507.5 million. Decision posted here.
But, per SCOTUSBLOG, Exxon has sought rehearing en banc, with regards to
Engineering a Solution to Governmental Concerns with Seawalls – Maui Resident’s Solution
The Maui News has a good article recounting one owner's experience with coming up with a solution to the erosion of his oceanfront land that would accomplish his objective (i.e. land preservation) and be palatable to governmental officials.
Seawalls, and efforts to address the often competing interests of property owners and governmental regulators, are controversial and
County Regulates Boating? Kauai County Sues to Enjoin Commercial Vessel Operations
Per news releases and reports, the County of Kauai brought suit against a vessel operator to enjoin passenger loading operations in the Hanalei River. The County asserts that the operator must obtain a Special Management Area permit from the Planning Commission. Hat tip to Kauai blogger Charley Foster for his post on this new lawsuit
Supreme Court Allows Punitive Damages for Seaman’s Maintenance and Cure Case
The Supreme Court, in an opinion by Justice Thomas, has held that punitive damages are allowable for seaman's maintenance and cure claims, despite the argument that the Jones Act remedies (which don't include punitive damages) are exclusive. The case is Atlantic Sounding Co., Inc. v. Townsend and the opinion is here.
Quick post, but