Brand new case on the Death on the High Seas Act. My quick read shows a circuit split with 2nd Circuit on the applicability of the DOHSA in the band of water between 3 and 12 nautical miles from shore. Will review and comment later, but the case is Helman v. Alcoa Global Fasteners and
New Ninth Circuit Case on International Legal Assistance (MLAT)
Wow, today is a civil procedure day at the Ninth Circuit. First, it issued a decision which only a first year law student would love on “minimum contacts” with a State to subject out of state defendants to the State’s court system.
Second, is a case on the Mutual Legal Assistance Treaty (MLAT) with Russia. The
Justice Alito Lecture in Hawaii – Live Blog
Justice Alito will be speaking tonight at the Hawaii Supreme Court and we will be trying a live blog. Follow the conversation:
Justice Alito’s Jurisprudence, Part Three
Finishing up this series of posts relating to Justice Alito (who is visiting Hawaii next week), it seemed appropriate to post about some of the opinions he has authored that are off-topic from my blog (or Robert’s, Tred’s or Rebecca’s).
On the Constitution and the 14th Amendment, McDonald v. City of Chicago is
Justice Alito’s Maritime Law Jurisprudence, Part Two
Before his appointment to the Supreme Court, Justice Alito has a judge on the Court of Appeals for the Third Circuit. He doesn't have many opinions relating to admiralty or maritime law from his time on the circuit court, but he does have a few.
Court of Appeals Opinions
Pennsylvania Tidewater Dock Co v. Director
Justice Alito’s Maritime Law Jurisprudence
Justice Samuel Alito will be a Jurist-in-Residence at the University of Hawaii Law School this month. This is a longstanding program that brings Supreme Court justices, along with other senior federal judges, to the school for a week of lectures, symposia and other exchanges. I have been fortunate to have met or heard Justice Ginsburg
Judge Samuel P. King (1916-2010)
Attended the memorial service at the U.S. Courthouse for the District of Hawaii. The federal judges and magistrates paid homage to this icon of the federal bench.
New Longshore Case from Fifth Circuit Court of Appeals – Jowers v. Lincoln Elec. Co.
New welding fume/government contractor defense case (with LHWCA discussion) from the Fifth Circuit Court of Appeals. The case is Jowers v. Lincoln Elec. Co., 2010 U.S. App. LEXIS 17862 and can be found here.
Facts: A worker was exposed to manganese fumes while working on Navy ships. He developed Manganese-induced Parkisonism and brought suit against the
Just Published in the Vermont Law Review – Of Woodchucks and Prune Yards
The Vermont Law Review has published an article authored by me and my Damon Key colleagues (and fellow law bloggers) Robert H. Thomas and Tred Eyerly, Of Woodchucks and Prune Yards: A View of Judicial Takings From the Trenches, 35 Vt. L. Rev. 437 (2010)(Download here)
Our introduction is a reference
New Federalism Case from Ninth Circuit – USA. v. City of Arcata – Military Recruiter Ban
First note: One commonality between this blog (ocean related legal issues) and a good chunk of my day job (land use litigation) is federalism. So, when a federalism case pops up…well, you’ll have to indulge me.
Second note: It is not often that the federal government will sue a municipality for the laws they pass. But, in this case