On the road this weekend to Hawaii. Island that is. Stopping to check out the wind farm at South Point
Stay tuned.
SCOTUS Decides Longshore Case – When is Claimant “Newly Awarded Compensation”?
Longshore Wonks – Take Heed. The Roberts v. Sea-Land case is hot off the press and the Supreme Court says, a claimant is “newly awarded compensation” when the claimant first becomes disabled and thereby becomes statutorily entitled to benefits, no matter whether, or when, a compensation order issues on his behalf.
The decision is here.
New Limitation Case From Fifth Circuit – Eckstein Marine Service v. Jackson
Those pesky statutes of limitation. Usually such statutes operate to prevent plaintiff’s untimely claims. But, in this case, the statute of limitation acted to preclude a defendant’s limitation of liability defense.
The case is new from the Fifth Circuit Court of Appeals, it is Eckstein Marine Service v. Jackson, 2012 U.S. App. LEXIS 3480 and can
New Jones Act Case From Fouth Circuit – Holloway v. Pagan River Dockside Seafood
New Jones Act case from the Fourth Circuit Court of Appeals. While the Jones Act claim is what prompted this post, it is actually more of a civil procedure case that goes to the heart of federal court jurisdiction, so Civ Pro wonks- take heed.
The case is Holloway v. Pagan River Dockside Seafood, 2012 U.S. App.
Makaha at Waikalua Loko
Waikalua Loko
Supreme Court Denies States’ Request to Hear Asian Carp Case
News reports say the Supreme Court denied Michigan's request to grant cert after Michigan's request for a preliminary injunction was denied by the federal court.
I've written about the problems posed by the Asian Carp invasion into the Great Lakes. The states near the Great Lakes have tried to compel the federal government into taking
Movie Review – Act of Valor
I was standing in line at the theater today and an off-duty Marine was contemplating going into a movie 15 minutes after it started. I asked if he was going to see Act of Valor and he said yes. He asked if it was good. On this Oscars night, I had to reply, it is
News Flash – SCOTUS Grants Cert to 11th Circuit Case: What is a vessel?
The Supreme Court granted cert in the case of Lozman v. City of Riviera Beach. My earlier post on the decision from the 11th Circuit is here. The opinion below is here.
The Question Presented: Whether a floating structure that is indefinitely moored receives power and other utilities from shore and is
New Case from Eleventh Circuit – I.T.N. Consolidators v. N. Marine Underwriters
New case from the Eleventh Circuit Court of Appeals. Will review and comment later, but for now the opinion in the case I.T.N. Consolidators v. N. Marine Underwriters, 2012 U.S. APP. LEXIS 2799 and can be found here.