The Ninth Circuit Court of Appeals just issued a decision in a Longshore case. The case is Pacific Ship Repair and Fabrication, Inc. v. Office of Worker Compensation Programs. It can be found here.
In a nutshell, the question was how to treat a worker's disability that was originally classified as permanent partial but
Hat tip to SCOTUSBLOG for their Petition of the Day.
This is an interesting case that arises in the maritime context, but could have broad impact across all civil litigation. The case is Icicle Seafoods, Inc. v. Clausen.
The Questions Presented are:
1. Whether, in determining the ratio between compensatory and punitive damages for
The Second Circuit Court of Appeals just issued a decision relating to a seaman's right to maintenance and cure. The case is Messier v. Bouchard Transportation and the opinion can be downloaded here.
While normally, discussions of "manifestation" and "occurrence" rules are seen in the insurance coverage context, see www.insurancelawhawaii.com, they also govern
As mentioned in my post earlier, in the Supreme Court's next term, it will hear the case of Lozman v. City of Riviera Beach. My other posts on this case are here and here.
The Question Presented is:
Whether a floating structure that is indefinitely moored receives power and other utilities from shore and
The Supreme Court handed down its decision in United States v. Alvarez. Opinion, authored by Justice Kennedy, is here.
The plurality decision was joined by the Chief Justice and Justices Ginsburg and Sotomayor. It begins:
Lying was his habit. Xavier Alvarez, the respondent here, lied when he said that he played hockey for theDetroit
Ah, it seems that court opinions are becoming more and more …. spicy.
Now now, don't get too excited, this is a law blog after all.
The Eleventh Circuit just ruled on a interlocutory decision regarding a limitation of liability provision of a cruise ship ticket-contract. The case is Wajnstat v. Oceania Cruises, Inc. and
It isn't often my day job doing land use and condemnation litigation overlaps with my maritime interests, but the Ninth Circuit just published a decision that comes awfully close.
The case is Samson v. City of Bainbridge Island and the opinion can be found here.
The facts: the City of Bainbridge Island issued a
Thanks to SCOTUSBLOG for cluing us into a new cert petition.
If you do not love civil procedure, then read no further.
Last year, the Ninth Circuit held that a plaintiff could appeal from a judgment based on a "dismissal without prejudice." The underlying case is a securities action. The defendant prevailed on a motion to
The federal court struck down Hawaii’s invasive species assessment on air cargo. A copy of the permanent injunction is here. My earlier post on the law can be found here.
In passing the assessment, the Legislature found:
SECTION 1. The legislature finds that the unchecked spread of invasive species is the single greatest threat
Last Friday, on behalf of several veterans and other interested citizens, we brought suit against various State officials challenging Hawaii's 2012 Reapportionment Plan. More background details over at www.inversecondemnation.com.
The Complaint is readable and downloadable below.