Fane Lozman, the successful petitioner-owner of the not-a-vessel-house at issue in Lozman v. City of Riviera Beach, No. 11-626 (Jan. 15, 2013) was interviewed recently on the radio show "The Justice Hour with Lisa Macci." In Lozman, the Court held that Lozman's houseboat is not a "vessel" under 1 U.S.C.
General Maritime Law
Admiralty Cases Roundup – Attachment and Indemnity
By Mark M. Murakami on
The appeals courts have been busy with admiralty decisions, so this busy blogger will summarize these cases and provide links to the source opinions for your further review:
Vitol v. Primerose Shipping Co., Ltd., opinion here. Great admiralty civil procedure case from Fourth Circuit. Prevailing party in a English Commercial Court proceeding…
More Coverage of “Vessel” Case from Blogosphere
By Mark M. Murakami on
Because I am primarily a land use attorney, with an affinity to the sea, the case of Lozman v. Riviera Beach allows me to have my cake, and eat it too.
The Blogosphere is humming about the decision:
Gideon Kanner's post captures the essence of the opinion, then adds his usual, customary insights:
The interesting part…
SCOTUS: No, Mr. Chekov, A Houseboat Is Not A “Wessel” … Uhh, “Vessel”
By Mark M. Murakami on
This just in: in an 7-2 opinion authored by Justice Breyer, the U.S. Supreme Court held in Lozman v. City of Riviera Beach, No. 11-626, that a houseboat is not a “vessel” under 1 U.S.C. § 3 (a “watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on …
New Maritime Contracts Case from 2nd Circuit – Garanti Finansal Kiralama v. Aqua Marine
By Mark M. Murakami on
Interesting case noting the interplay between the Declaratory Judgment Act and the federal courts' admiralty jurisdiction. The case is Garanti Finansal Kiralama A.S. v. Aqua Marine and Trading, Inc. and the original opinion can be found here.Facts are straightforward: a marine shipping fuel provider brought a claim in arbitration demanding to be paid for…
It is a Gunwhale, a sponson, a pontoon, a hull Mr. Chief Justice
By Mark M. Murakami on
SCOTUS FLASH – Is “Vessel” case Moot?
By Mark M. Murakami on
The Supreme Court issued an order in the pending "vessel" case of Lozman v. Riviera Beach. The order is:
The parties are directed, and the Solicitor General is invited, to file letter briefs addressing the following question: “The res in this putative in rem admiralty proceeding was sold at a judicial auction in execution…
SCOTUS – New Cert Petition Regarding Damages in Maritime Case
By Mark M. Murakami on
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…
New Maintenance & Cure Case from Second Circuit – Messier v. Bouchard Transportation
By Mark M. Murakami on
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…
SCOTUS: Briefs Filed in “What is a vessel?” Case
By Mark M. Murakami on
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…