Legal matters of maritime concern in Hawaii, Oceania, and beyond.
Can a state require a company to obtain permission to operate a vessel/business on a federal navigable waterway without violating the U.S. Constitution? Or, in lawyer speak,
Is the “right to use the navigable waters of the United States” recognized in the Slaughter-House Cases solely a right to navigate such waters or does it also…
Because I have been involved with some Hawaii based Second Amendment litigation and have moderated a Second Amendment panel for the ABA, this blog will sometimes dabble into that area.
The Ninth Circuit today, in a dramatic 120 page opinion, struck down the County of San Diego's ban on open and concealed carry of…
The Fourth Circuit Court of Appeals affirmed a Somali pirates' conviction for various federal offenses including piracy and violence against maritime navigation. The case is USA v. Shibin and the opinion can be found here.
This case arose out of several piracies off the Somali coast in 2010 and 2011. The defendant had various…
Hot off the Press: the Fourth Circuit Court of Appeals just issued a decision arising out of a "Magic Pipe" case and the shipowner's attempt to post a bond allowing the offending vessel to sail. The case is Angelex, Ltd. v. United States of America and the opinion can be found here. The United States…
The Ninth Circuit Court of Appeals just affirmed the use of geographic sub-regions to determine the impact of commercial fishing on critical habitat and population levels. The case is Alaska v. Lubchenko and the opinion can be found here.From the court's summary:The panel affirmed the district court’s judgment rejecting the claims of fishing…
The Fifth Circuit, en banc, just reversed an earlier panel decision in a Longshore Act case which turned on the situs of the injury and whether it met the jurisdictional requirements of the Longshore and Harbor Worker Compensation Act.En Banc decision is here.Per the Court:In particular, the BRB found that the claimant’s…
The Ninth Circuit just issued a decision regarding guarantor liability for unpaid amounts following shipment of goods under several bills of lading.The case is Clevo, Co. v. Hecny Transportation, Inc. and the original opinion case be found here.From the court's syllabus (which is a handy-dandy tool the Ninth Circuit is using to provide a…
I am in trial this week, but a very interesting case was just handed down by the Ninth Circuit Court of Appeals. The title is Kealoha v. Leeward Marine, Inc. and the opinion can be found here.The Longshore Act precludes compensation for injuries caused by an employee's "willful intent to injure or kill himself."…
Earlier this month, the Ninth Circuit Court of Appeals shot down the Sea Shepherd Conservation Society on a piracy theory (my post here). This week, Greenpeace is in the hotseat. This case arises from a preliminary injunction obtained by Shell Oil Company against Greenpeace for protest activities in the Arctic. The case is Shell…
"You don't need a peg leg or an eye patch."
Author note: I challenge any of my intrepid readers to find as odd a statement in any opinion.
Ninth Circuit Chief Judge Kozinski at his finest, for sure. Today, the Ninth Circuit ruled on an Alien Tort Statute brought by a permitted whale hunter against…
