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
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
New case from the Fifth Circuit Court of Appeals. Will review and comment later, but for now the opinion in the case of Stephen Gabarick v. Laurin Maritime (America), Inc., 2010 U.S. App. LEXIS 26681 and can be found here.
New case from the Fourth Circuit Court of Appeals that involves a collision between a Navy small boat and a barge under tow. Specifically, this opinion addresses the liability of the United States (Navy) to the third party complaint brought by the tug owner. It asserted that the United States was negligent for putting an “incompetent” crew on the Navy small boat.
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
New admiralty case from the Fifth Circuit Court of Appeals. It is unpublished, and therefore of limited precedential value, but it does discuss the “Act of God” defense in a Katrina-related fact pattern. The case is Simmons v. Berglin, 2011 U.S. App. LEXIS 23499 and can be found here.
The facts are brief:
The U.S. Coast Guard has released its “Incident Specific Preparedness Review” for the Deepwater Horizon oil spill of 2010. Fox is reporting that this report suggests the Administration slowed some of the flow of information from the responders.
The Commandant of the Coast Guard’s approval memorandum states:
On February I, 20II, I received the