Latest Issue

  1. Fifth Circuit affirms NVOCC 70 percent and actual carrier 30 percent at fault for misdelivery of cargo., 1817.
  2. Fifth Circuit finds error in district court’s reliance on “prior version” of Rule 56 in excluding unsworn captain’s report without a finding whether it could be made admissible., 1853.
  3. The Sixth Circuit reverses trial court’s J.N.O.V. in favor of plaintiff, finding that negligence based on seamen’s violation of fatigue statute is not the only reasonable verdict despite Jones Act slight causation standard., 1857.
  4. Supplier’s lien denied based on actual knowledge of no lien clause in charter., 1871.
  5. The court lacks in rem jurisdiction to declare rights under contract relating to handling of artifacts previously awarded to salvor., 1877.
  6. Lack of warning in manufacturer’s manual will not support failure to warn claim where no one read the manual., 1886.
  7. Contractual indemnity denied where alleged indemnitor’s performance is “completely independent” of negligence causing damage., 1893.
  8. Defendant corporation entitled to single entity status with employing stevedore and LHWCA statutory immunity despite judicial finding of corporate separateness 35 years before., 1904.
  9. District court performs gatekeeper role in limiting experts in stevedore/vessel operations forklift accident., 1913.
  10. Arbitration agreement incorporating English law implicitly delegates arbitrability issues to the arbitrator., 1926.
  11. Foreign arbitral award based on settlement and knowing release of U.S. maritime law rights is confirmed., 1939.
  12. CGL insurers denial of coverage for insured’s liability for damage to seafood based on unexplained loss is reversed., 1950.
  13. Puerto Rican court severs and transfers passenger death claim against cruise line enforcing Florida forum selection clause and retains action against Puerto Rican zipline excursion company., 1963.
  14. Through B/L covenant not to sue actual carriers upheld dismissing cargo owners’ claims against actual carriers., 1977.
  15. In ongoing treasure salvage case, district court abused its discretion in denying intervention to competing salvor claiming that misappropriation of its intellectual property by salvor-in-possession led to recovery of artifacts., 1988.
  16. North Carolina yacht manufacturer is subject to specific jurisdiction in Puerto Rico for loss of yacht off its coast while delivering yacht to Trinidad and Tobago., 2020.
  17. Disputed issues of fact as to supervision and control of cook injured on offshore platform prevents summary judgment finding based on borrowed servant status., 2031.
  18. Substantial evidence supported ALJ’s determination of sufficient causal connection between work-related injury and suicide attempt to award benefits., 2042.
  19. Shipper’s cargo damage claim is time-barred as ocean carrier’s agreement to extend COGSA suit time was granted solely to NVOCC., 2047.
  20. Helper tug has a duty to communicate concerns to lead tug in flotilla allision with bridge., 2066.
  21. New York court dismisses alter-ego claim in favor of Latvian courts retaining jurisdiction of attached funds., 2076.
  22. District court reversed for granting of summary judgment on ground not raised by defendant and upon which discovery was limited., 2089.
  23. In longshoreman’s death case summary judgment for vessel affirmed in absence of violation of Scindia duties arising out of stevedore operations of vessel’s cranes., 2101.