Latest Issue

  1. Reversing district court, Fifth Circuit holds that ROV technician is not a “seaman” exempt from FLSA overtime requirements., 913.
  2. District court orders interlocutory sale permitting bank credit bid where seniority of its claim is demonstrated., 922.
  3. Personal injury claimant’s motion to dissolve limitation injunction denied where vessel owner with indemnity claim refuses to sign stipulation., 931.
  4. Surveillance evidence is discoverable by plaintiff but only after plaintiff’s deposition is taken in order to preserve its impeachment value., 940.
  5. Fifth Circuit upholds pre-death fear and conscious pain and suffering award., 945.
  6. Eleventh Circuit upholds dismissal of LHWCA 905(b) action against charterer for use of “chime method” of stowing paper rolls., 954.
  7. Limitation claimant’s motion to dismiss limitation petition for non-compliance with Supp. Rule F(2), denied., 965.
  8. Where the object of a contract is the purchase of a replacement fuel nozzle for helicopter engine, helicopter is “other property” for purposes of economic loss only rule., 972.
  9. Mortgagee has an enforceable maritime lien against the mortgaged vessel for the indebtedness under the mortgage, superior to claims of a subsequent bona fide purchaser for value., 995.
  10. Employers McCorpen defense established on summary judgment and counterclaim for offset against potential damage claim is allowed., 1006.
  11. The time to notice an appeal starts to run after entry of a final judgment, not when an interlocutory appeal may be filed., 1018.
  12. New and conclusive evidence of dredging by defendant supports Crawfish Producers Association maritime tort claims and should have been considered by the district court., 1034.
  13. Deepwater Horizon court finds fee award of $555 million on $13 billion recovery meets reasonableness standard under both percentage and lodestar analyses., 1051.
  14. An insured bears a relatively slight burden to prove a prima facie case of coverage by all risk insurance., 1092.
  15. An expert witness is not needed to explain how to carry a 120-pound battery over a raised door sill., 1101.
  16. Recovery under general maritime law is limited to pecuniary loss, which does not include punitive damages., 1104.
  17. Eleventh Circuit holds that yacht manufacturer/sellers cannot contract against their own fraud with “as is” and disclaimer of implied warranty provisions in its contract, reversing the district court grant of summary judgment., 1114.
  18. Ship Mortgage Act preempts Washington State law prohibiting security interests in commercial fishing permits appurtenant to vessels., 1132.
  19. Washington State Supreme Court applying Townsend rationale finds Jones Act seaman entitled to claim punitive damages on unseaworthiness claim., 1139.
  20. U.S. judgment creditor bringing direct action against Norwegian P&I club in Guam is bound by Norwegian law and forum clause in club rules and case is dismissed on forum non conveniens grounds., 1151.
  21. Lifting of limitation injunction denied where potential Medicare statutory cause of action to recover Medicare lien and damages creates a multiple claimant situation not addressed by the proposed stipulation., 1177.
  22. Bunker broker who received order from party with presumed authority under CIMLA has maritime lien; its unpaid sub-contractor who physically delivered the bunkers does not., 1184.
  23. A state law barring subrogation claims against an insured covered by an insolvent insurer does not bar subrogation if the insured is also covered by a solvent insurer., 1197.
  24. “Booze cruise” claimants remanded to state court under saving clause and federal intervenor dismissed without prejudice to consider whether to join them or litigate in federal court., 1204.