New marine insurance case from the Fifth Circuit Court of Appeals. It relates to whether a “bumbershoot” insurance policy is a marine contract, giving the federal court admiralty jurisdiction. The trial court held it was and the Fifth Circuit affirmed in an unpublished decision. The insurer did prevail on its attempt to have New York
New Admiralty Case from Fifth Circuit – Regan v. Starcraft Marine
By Mark M. Murakami on
New admiralty case from the Fifth Circuit Court of Appeals. The case regards the negligence standard for maritime personal injury cases, as governed by federal maritime law.
The case is Regan v. Starcraft Marine, 2011 U.S. App. LEXIS 5192 and can be found here.
The opinion is unpublished, and therefore not precedential, but…
Hawaii Blogosphere Expands! Welcome AHFI
By Mark M. Murakami on
Aloha and welcome to the latest blawg to grace Hawaii's legal community. Alston Hunt Floyd & Ing's Litigation Practice Group has launched www.hawaiilitigation.com. Not surprisingly, their initial posts are full of pearls of wisdom for the business community generally and the legal community specifically.
Louise Ing's post on courtroom attire was spot on and…
Update on Longshore Case From Ninth Circuit – Pedroza v. Benefits Review Board
By Mark M. Murakami on
Update on a Longshore and Harbor Workers Compensation Act case from the Ninth Circuit Court of Appeals. The court has denied rehearing en banc in the case of Pedroza v. BRB, 2010 U.S. App. LEXIS 27063 which can be found here.
Facts: A harbor worker was unloading materials from a Navy vessel and struck a 440…
Closing the Chapter on the Coastwise Price-Fixing, Antitrust Charges against Major U.S. Shipper
By Mark M. Murakami on
Hat tip to a reader who sent two documents relating to the Horizon Coastwise Antitrust case. I posted about a parallel civil companion case here.
The Department of Justice Press Release is here. The Sentencing Memorandum is here.
Per the Press Release:
Horizon Lines LLC has agreed to plead guilty and to pay …
New Ninth Circuit Case on Death on the High Seas Act
By Mark M. Murakami on
Brand new case on the Death on the High Seas Act. My quick read shows a circuit split with 2nd Circuit on the applicability of the DOHSA in the band of water between 3 and 12 nautical miles from shore. Will review and comment later, but the case is Helman v. Alcoa Global Fasteners and…
New Case from Sixth Circuit – United States v. Canal Barge Co.
By Mark M. Murakami on
New case from the Sixth Circuit Court of Appeals. Will review and comment later, but for now the opinion in the case of United States v. Canal Barge Co., 2011 U.S. App. LEXIS 460 and can be found here.
New Case from Fifth Circuit – Luera v. M/V Alta.
By Mark M. Murakami on
New case from the Fifth Circuit Court of Appeals. Will review and comment later, but for now the opinion in the case of Luera v. M/V Alta., 2011 U.S. App. LEXIS 4424 and can be found here.
New Case from U.S. Court of Appeals District of Columbia – Menkes v. United States Dept. of Homeland Sec.
By Mark M. Murakami on
New Case from the United States Court of Appeals for the District of Columbia Circuit. Will review and comment later, but for now the opinion in Menkes v. United States Dept. of Homeland Sec., 2011 U.S. App. LEXIS 4483 and can be found here.
New Admiralty Case from Fourth Circuit – Barna Conshipping, S.L. v. 2,000 Metric Tons
By Mark M. Murakami on
New admiralty case from the Fourth Circuit Court of Appeals. It is unpublished, but it does have a basic primier on maritime contracts, admiralty jurisdiction and collateral estoppel. The case is Barna Conshipping, S.L. v. 2,000 Metric Tons, 2011 U.S. App. LEXIS 2751 and it can be found here.
Facts: the parties contracted to ship…