Upcoming Free Webinar: When the Floods and Fires Come: Landowner’s Property Damage Claims
Fires, superstorms, cataclysmic floods seem to abound across the nation. Property damage claims abound, but how should claims against public utility or governmental actors be handled? Are there strategic implications for bringing claims against the utility? What are the practical issues?Answers to these questions and more will be provided on a free webinar (conference call
More on Hawaii’s Three Judge Panel Reviewing Governor’s TMT Proclamation
As it often the case in the law, when you peel back one layer of an onion, you get more and more and more. In this case, after writing yesterday’s post on the three judge panel reviewing Governor Ige’s Emergency Proclamation for TMT, we wondered what other three judge panels exist in Hawaii law. We
Three Judge Panels? Super Circuit Courts and Emergency Proclamations
While we are slowly migrating this blog as part of a rebranding, we could not pass up the opportunity to delve into one of the legal aspects of the ongoing discourse over the Thirty Meter Telescope (artistic rendering below).
Our friends at Civil Beat published an article about a TMT-related hearing on Monday, July 22
Edmund Fitzgerald: Investigating Marine Casualties
Today marks the 40th anniversary of the sinking of the M/V Edmund Fitzgerald on Lake Superior in 1975. It sank in rough weather, taking with it the lives of 29 officers and crew. Commemorative events are outlined here.
With this anniversary and with the sinking of the M/V El Faro last month, it
Viral Outbreak in Hawaii – What Can the Government Do?
Ebola Victim in Hawaii? Thankfully, it appears not, but the potential for an infectious or viral outbreak prompted this disaster-law wonk to crack open my copy of the Hawaii Revised Statutes and see what the government can actually do in the event of such an outbreak.
Is the answer similar to what J.
More Punditry on Going Down with the Ship
Lore and the Law – Do Captains Have a Duty to Go Down With the Ship?
My short answer: Of course not.
But…..
News reports indicate that the captain of the Korean ferry that capsized got on to a lifeboat before passengers and the article asks if Captains do have to go down with the ship. This brings us back to the cruise ship disaster from two years ago involving the
Fifth Circuit – Insurance Company Must Defend Municipality for Katrina “Condemnations”
Natural disasters, condemnations, and insurance coverage – sounds like my kinda case!The Fifth Circuit just held that an insurance company had a duty to defend several lawsuits brought against St. Bernard parish for post-Katrina condemnation and demolition of over 5700 structures. The case is Lexington Insurance Co. v. St. Bernard Parish Gov't and the opinion
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