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
New Ninth Circuit Admiralty Case – Himalaya Clause, Bills of Lading and Statutes of Limitation
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
ABA Section of Litigation 2013
Plenary session with David Axelrod, Mayor Emanuel and Senator Cullerton
Hawaii Seeks Federal Permit for Statewide Fishpond Restoration
Background information here.
New Video: Federal Appeals – My Presentation to the Hawaii State Bar Appellate Law Section
On April 15, 2013, I was pleased to be on a panel discussing federal appeals. My co-panelists were Judge Rick Clifton of the Ninth Circuit Court of Appeals and Clare Connors of the Davis Levin Livingston firm.
Lots of pointers about fonts, briefs, and oral arguments.
New Ninth Circuit Longshore Case – Is Suicide Compensable Injury?
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."
Houseboat Redux – Eleventh Circuit Reinstates Lawsuit
According to this report in the Miami Herald ("Houseboat activist Fane Lozman wins again; says he will seek million from city over civil rights"), the fellow who recently prevailed in the U.S. Supreme Court in Lozman v. City of Riviera Beach, No. 11-626 (Jan. 15, 2013) isn't giving up.The Herald reports:The 11th
Honolulu Rail and the Uniform Relocation Act – Overview
Since most of my practice involves the use or transfer of land (and not water – sorry) and since there is a very, VERY large public transportation infrastructure project in development in Honolulu, we thought we would provide some of the requirements for the Honolulu Area Rapid Transit (HART) project.
Because the HART rail project
Damon Key Turns 50 Today
Founders Frank Damon and Shigekane returned to share our 50th birthday celebration!
Federal Disaster Aid, Shorelines and Just Compensation – Hurricane Sandy
It is a rare day when I get to blog about natural disasters, the federal government, shorelines and takings law – but today, dear readers, is that day.
From our friends over at the New Jersey Condemnation Law blog here, the New Jersey Legislature is considering a bill that states:
Justcompensation for a portion