Legal matters of maritime concern in Hawaii, Oceania, and beyond.
New maritime insurance (specifically Marina Operators) case from the Eleventh Circuit Court of Appeals. It is unpublished and skimpy, but does analyze a protection and indemnity insurance policy. The case is Team v. City of Miami, 2010 U.S. App. LEXIS 25738 and can be found here.
A Miami police officer was on patrol on a boat…
New case from the Fifth Circuit Court of Appeals addressing the Louisiana Rule and contribution among settling defendants. The case is Combo Mar., Inc. v. U.S. United Bulk Terminal, LLC, 2010 U.S. App. LEXIS 17644 and can be found here.
This case arises from an allision caused by drifting barges in Louisiana. Several defendants were sued …
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 …
New case from the Seventh Circuit Court of Appeals which outlines the availability of attorney’s fees and costs to a prevailing party in a maritime contract dispute. The opinion is in the case of Fednav Int’l Ltd. v. Cont’l Ins. Co., 2010 U.S. App. LEXIS 22667. The opinion can be found here.
Plaintiff brings claim…
New case from the Fifth Circuit Court of Appeals on the elements of a maritime contract. The case is Alphamate Commodity GMBH v. Food, 2010 U.S. App. LEXIS 24370 and the original opinion can be found here.
Facts: a creditor sought Rule B attachment of a shipment of corn aboard a vessel berthed in Louisiana. …
New Jones Act/maintenance and cure case from the First Circuit Court of Appeals. The case is Bielunas v. F/V Misty Dawn, Inc., 2010 U.S. APP Lexis 20855, and the original opinion can be found here.
First paragraph gives a bit of a clue as to how the court is going to hold:
This…
New case from the Ninth Circuit Court of Appeals relating to commercial vessel owner liability for injuries to federal fisheries observers. Not surprisingly, owners are immune from such suits. The case is Bauer v. MRAG Ams., Inc., 2010 U.S. App. LEXIS 22111, and the source opinion can be found here.
As a general rule, an observer…
New case from the Third Circuit Court of Appeals involving ship’s mortgages and judicial sales of vessels. The court says that it is non-precedential, but it does denote the state of the law with respect to the effect of a judicial sale of an arrested vessel.
Would that all appeals courts write as succintly:
We write exclusively for
…
New case from the Fifth Circuit Court of Appeals. Will review and comment later, but the opinion in the case of Castellanos-Contreras v. Decatur Hotels LLC, 2010 U.S. App. LEXIS 21562, can be found here.
New case from the Fifth Circuit Court of Appeals. Will review and comment later, but the opinion in the case of Great Lakes Dredge & Dock Co. LLC v. La. State, U.S. App. LEXIS 21462, can be found here.
