Latest Issue

  1. Supreme Court holds that FAA “contracts of employment” exclusion of seamen and other transportation workers includes contracts of independent contractors as well as employees., 1.
  2. State court plaintiffs’ claim for attorney’s fees for improper removal of its saving to suitors admiralty claims are foreclosed by plaintiffs’ filing of state court action without moving to dissolve the limitation injunction order., 16.
  3. Claims against cruise line for allegedly inflated premiums for travel insurance package “relate to” ticket contract and guest cruise and are subject to ticket contract arbitration clause., 23.
  4. Summary judgment dismissal of cruise line passenger’s injury claim for a fall in an emergency-exit hatch in a crew-only area of the vessel, upheld on appeal., 30.
  5. Ninth Circuit joins other circuits in holding that borrowed employee doctrine applies to “employees” under the LHWCA barring third-party suits against borrowing employer., 47.
  6. Absent fraud, overpayment of maintenance and cure can only be recovered by offset from seaman’s damage award, not a counterclaim., 57.
  7. Sixth Circuit upholds shipper’s $5.9 million recovery for stolen pharmaceuticals where Carmack carrier B/L did not provide fair opportunity for choice of rates and levels of liability., 60.
  8. Ninth Circuit joins the Fourth in reversing BRB denial of LHWCA disability benefits where covered employee retires after injury but prior to disability determination., 76.
  9. Cruise line passenger’s loss of consortium claim is not barred by Chan., 87.
  10. BRB did not abuse its discretion in upholding Director’s attorneys’ fee award where there is delay between date of the service and the award., 94.
  11. Fifth Circuit precedents preclude recovery of punitive damages in seamen’s general maritime law claims., 98.
  12. When ship mortgage is valid under the Ship Mortgage Act, state law does not affect its validity., 108.
  13. Ninth Circuit upholds application of state law to ferry crew member’s claim against port authority for injury while operating port authority-owned passenger ramp permanently affixed to the pier., 116.
  14. Insurer’s uberrimae fidei claim and other defenses to coverages of barge sinking are denied., 134.
  15. Jury’s verdict in awarding future lost wages but denying recovery of past lost wages upheld on appeal., 168.
  16. Port fees charged by a city to a ship only violate the Tonnage and Commerce Clauses of the U.S. Constitution if they are not used wholly or partly for the benefit of the vessel., 173.
  17. Insurer’s marine surveyor initially retained to survey damage need not produce an expert’s report if not regularly testifying as an expert for the insurance company., 206.
  18. State ownership of subaqueous land does not prevent abutting land owner from recovering dockage from vessel berthed at floating dock over it., 210.
  19. Absence of required footwear is not a cause of seaman’s slip and fall where properly shod fellow seaman also slipped and fell at the same time and place., 214.
  20. Fifth Circuit upheld unseaworthiness, negligence and damages award in relief captain’s engine room slip and fall on leaking oil., 239.
  21. A medical facility misdiagnosing seaman’s stroke is not Jones Act employer’s agent for vicarious liability purposes when seaman was taken there as a result of employer’s 911 call., 241.
  22. Fifth Circuit precedents preclude recovery of punitive and non-pecuniary damages of Jones Act seaman., 250.
  23. Attorney’s fee award for a successful seaman’s wage claim reduced 25 percent for failure to keep contemporaneous time records and for some duplicative charges., 261.
  24. Ship’s agent has standing to bring declaratory judgment action in dispute port tariff fees., 270.
  25. Georgia Supreme Court finds that Georgia Ports Authority is an “arm of the state,” entitled to sovereign immunity reversing its prior denial of sovereign immunity., 277.
  26. Jones Act claims and general maritime law claims remanded to state court., 297.
  27. Fifth Circuit affirms platform owner/operator’s exclusive LHWCA liability for borrowed employee’s injury but reverses as to potential liability of third-party contractor., 305.
  28. District court grants vessel owner’s motion for initial bench trial of liability and limitation issues where claimant does not clearly preserve jury trial rights., 319.
  29. Carrier’s bills of lading providing COGSA defenses are still valid even if issued by entities unlicensed by the FMC., 323.
  30. Plaintiff’s expert’s theory of causation later abandoned upon deposition, is not sufficient to overcome defendant’s summary judgment motion., 342.
  31. Regulations designating otherwise navigable waters as “State waters for private aids to navigation” does not negate admiralty tort jurisdiction., 353.
  32. Under equitable estoppel doctrine, non-signatory successor corporation to signatory shipowner may compel charterer-signatory to arbitrate charter claims against it., 359.
  33. District court adopts magistrate judge’s finding that non-signatory to charter may enforce charter arbitration clause against charterer bringing claims against it which are reliant upon the charter., 376.
  34. Four-month suit provision in river barge transportation contract is not ambiguous and is enforced against the shipper., 379.
  35. Only a bunker supplier acting on the order of a shipowner or an entity authorized by the shipowner has a maritime lien against the ship to which bunkers were supplied., 385.
  36. Second Circuit finds that unpaid physical bunker supplier may qualify for maritime lien under exception to no lien for subcontractors rule., 394.
  37. COGSA package limitation applies under intermodal B/L with “U.S. carriage” clause even though damage occurs on land in foreign country., 415.
  38. Maritime lien for unpaid maintenance and cure attaches to boat trailer as appurtenance or usual equipment of seized boat., 424.
  39. Wrongful death claim of passenger proceeding pro se dismissed with prejudice for willful and repeated failure to comply with pre-trial court orders., 441.
  40. Suppl. Rule B attachment of defendant’s settlement check in the hands of garnishee’s attorney minutes before it was Federal Expressed to defendant is upheld., 456.
  41. Magistrate judge recommends rejecting “wards of admiralty” public policy as grounds to vacate arbitrator’s denial of maintenance and cure claim., 472.
  42. Divided First Circuit rejects constitutional and international law challenges to drug trafficking conviction of foreign national arrested on “stateless” vessel on the high seas., 487.
  43. Citing judgment creditor’s “decade-long quest” to collect, S.D.N.Y. denies stay pending appeal for execution of judgments against judgment debtors’ alter-ego corporations., 512.
  44. Boat owner’s omission of reference to Federal Maritime Lien Act from state court complaint will not prevent removal by repair yard with a lien., 559.
  45. Damages in a limitation action is tried to the bench, not to a jury., 561.
  46. Innocent tug owner has burden to investigate and resist fraudulent maintenance and cure claim of its own employee as a precondition to reimbursement from tortfeasor tug., 564.
  47. Uniform recognition acts domesticating foreign judgments do not require filing of a separate civil actions to establish validity of the judgments., 571.
  48. Vessel owner is not liable under any Scindia duty for absence of safety chains as secondary protection against trailer uncoupling on vessel’s inclined ramps., 580.