Online Newspaper Article – West Hawaii Today News Article
Eleventh Circuit Upholds Semi-Submersible Drug Running Statute
Cocaine smugglers have taken to use semi-submersible vessels attempting to avoid detection. The below photo is from a recent interdiction.
U.S. Coast Guard photo.
New criminal case from the Eleventh Circuit Court of Appeals involving the constitutionality of the semi-submersible drug trafficking statute, 18 U.S.C. 2285. The case is United States v. Campaz-Guerrero.
New Case From Eleventh Circuit – United States v. Campaz-Guerrero
New case from the Eleventh Circuit Court of Appeals. Will review and comment later, but for now the opinion in the case of United States v. Campaz-Guerrero, 2011 U.S. App. LEXIS 8295 and can be found here.
New Maritime Arbitration Case From Eleventh Circuit – Doe v. Princess Cruise Lines, Ltd.
New maritime arbitration case from the Eleventh Circuit Court of Appeals. It arises from a sexual assault perpetrated by a cruise ship employee upon another employee. The victim brought suit against the cruise line asserting various maritime employment causes of action (Jones Act, maintenance and cure, etc.) The employer sought to compel arbitration of her complaint per her employment agreement. The
Pacific Merchant Shipping Association v. Goldstene
Pacific Merchant Shipping Association v. Goldstene
Docket: 10-1555
Issue(s): (1) Whether the Commerce Clause and the Supremacy Clause prohibit California's extraterritorial exercise of its police powers to require the use of specified low-sulfur fuels on foreign- and U.S.-flagged vessels engaged in foreign and interstate commerce while these ships are on the high seas; (2) Whether
New Case From Fifth Circuit – Gabarick v. Laurin Mar. (Am.) Inc.
New case from the Fifth Circuit Court of Appeals. Will review and comment later, but for now the opinion in the case of Gabarick v. Laurin Mar. (Am.) Inc., 2011 U.S. App. LEXIS 16379 and can be found here.
New Case From Fifth Circuit – Murray Rogers v. Joseph Ingolia, et al
New case from the Fifth Circuit Court of Appeals. Will review and comment later, but for now the opinion in the case of Murray Rogers v. Joseph Ingolia, et al., 2011 U.S. App. LEXIS 8960 and can be found here.
New Ninth Circuit Opinion in the Hawaii – Guam Cabotage Case
The Filed Rate Doctrine.
Roughly speaking, the Filed Rate Doctrine is a bar to any antitrust lawsuit challenging rates for services that have been approved by a federal agency. In the case of maritime cargo trade, carriers must submit their rates to the Surface Transportation Board.
https://www.surfandturflaw.com/2011/09/supplementing-my-earlier-poston-the-roberts-v-sea-land-case-i-have-obtained-copies-of-the-cert-phase-briefs-from-claiman.html
Supplementing my earlier post on the Roberts v. Sea-Land Services, Inc. case, I have obtained copies of the cert-phase briefs from Claimant’s counsel.
The Claimant sought review on the following Questions Presented:
The Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. §§ 901-50 (“Longshore Act”) provides generally
Spanish Treasure Hunter? Not so Fast Says 11th Circuit
In a case ripped from the tales of yore or the latest installment of Pirates of the Caribbean, the Eleventh Circuit Court of Appeals found that the U.S. courts had no in rem jurisdiction over a sunken Spanish ship. The case is Odyssey Marine Exploration v. The Unidentified Shipwrecked Vessel, Its Apparel, Tackle, Appurtenances &