Legal matters of maritime concern in Hawaii, Oceania, and beyond.
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…
New admiralty case from the Fifth Circuit Court of Appeals. The issues are bailments and COGSA. The case is QT Trading, L.P. v. M/V Saga Morus, et al, 2011 U.S. App. LEXIS 9619 and can be found here.
Facts: QT purchased steel pipes from a company in China. That company chartered a…
The Ninth Circuit just released its decision in a lawsuit regarding groundfish regulations on the West Coast. The case is West Coast Seafood Processors Association ("Association") v. Natural Resources Defense Council, Inc. and the decision can be downloaded here.
The Natural Resources Defense Council filed a lawsuit against the National Marine Fisheries Service challenging aspects of…
The Sky’s the limit. Or so says Chief Justice Roberts who, in dissent, thought that injured rairoad workers should have to show that their injuries were proximately caused by their employers. The Supreme Court rejected that interpretation of the statute and held that proximate cause was not fairly read into the Federal Employer’s Liability Act. So…
Liberty. While liberty is a magical word for many a sailor and Coast Guardsman, today Justice Kennedy reminds us that liberty is a fundamental underpinning of the U.S. Constitution.
"If the constitutional structure of our Government that protects individual liberty is compromised, individuals who suffer otherwise justiciable injury may object."
I don't often blog about…
A Federal Court in Miami has rejected a cruise line’s assertion of a damage limitation from the Athens Convention as a defense to an allegation of rape by a passenger. The case pends, but the order in the case of Farraway v. Oceania Cruises, Inc. can be downloaded here.
Procedurally, the cruise line sought to amend its …
Per Cruise Law News, environmental groups filed a federal lawsuit seeking to require cruise ships to slow down in order to avoid whale strikes. Apparently, the suit seeks to compel the government to regulate ship speed in California's four national marine sanctuaries.
I'll post the complaint when it is available from the court.
New case from the Ninth Circuit Court of Appeals addressing the United States government’s immunity from suits in the law enforcement context. The opinion is Tobar v. USA, 2011 U.S. App. LEXIS 8173 and can be found here.
From the opinion:
Plaintiffs are Ecuadorian crew members of a fishing boat. The United States…
The Supreme Court just decided the case of United States v. Tohono Oodham Nation. This case involved the Court of Federal Claim's jurisdiction to hear a case when a companion case, seeking different relief, was pending in a district court.
United States v Tohono Oodham Nation, No. 09-846 (Apr 26 2011)…
Government passes an ordinance affecting property value, a property owner sells the affected property to another person. The successor owner brings suit to challenge the ordinance as a regulatory taking. Does the fact that the successor purchased the property after the enactment of the ordinance destroy her takings claim?
The Ninth Circuit said yes.
Today…
