Latest Issue

  1. First Circuit upholds limitation of linen rental company’s maritime lien recovery to rental charges denying replacement cost of linens., 2705.
  2. Dismissal upheld where passenger plaintiff’s prior accidents evidence offered to establish constructive notice was not sufficiently similar to occurrence., 2721.
  3. In case of first impression, Fifth Circuit defines OPA statutory terms narrowing responsible party’s defenses to full liability for clean-up costs of oil spill caused by its third-party contractors., 2726.
  4. Seventh Circuit holds that tug captain’s decisions during high water transit of canal were not violations of inland navigation rules., 2739.
  5. Passenger claim against cruise line for injury arising out of scavenger-hunt type game on deck near swimming pool survives summary judgment., 2754.
  6. Maritime law’s special solicitude for seamen prompts Third Circuit to reject bright line test for application of the “bare metal” manufacturer’s defense in seaman asbestos injury cases in favor of a reasonable foreseeability test., 2767.
  7. B/L provision disclaiming liability for ocean carrier refrigerated container breakdown after discharge upheld dismissing shipper’s claim for thawed frozen peaches., 2780.
  8. Five-month delay in release of vessel due to prosecution for pollution violations is not “unreasonable delay” giving rise to damages claim by vessel owner and operator., 2784.
  9. New York court grants requests for discovery of N.Y. witnesses by vessel captain convicted in Spain of oil spill environmental crimes for use in applicant’s foreign post-conviction claims of false trial testimony., 2821.
  10. Insured’s counterclaim for bad faith claims handling statutory penalties against insurer is denied where insurer’s actions in denying coverage based on unseaworthiness were reasonable., 2838.
  11. Flaminia court finds divinylbenzene cargo not the cause of shipboard fire, but rather pre-shipment and shipboard exposure to excessive heat., 2850.
  12. Court upholds admiralty jurisdiction under Supplemental Rule D for partition and resolution of owner’s partnership dispute., 2909.
  13. Each used vehicle inside container is held to be a package for COGSA $500 limitation purposes., 2915.
  14. Court grants Rule 15 amendment to add in rem claim with potential insurance coverage despite five-month delay., 2922.
  15. Eleventh Circuit upholds district court’s denial of right to attach property in aid of arbitration absent compliance with existing federal and state attachment laws., 2926.
  16. Ninth Circuit reverses ALJ calculation of Longshore Act weekly wage including claimant’s lowest earning year. Dissent cites “substantial evidence.”, 2947.
  17. Supplemental Rule B attachment in Connecticut cannot reach debt owed by foreign garnishee to defendant where garnishee is not subject to personal jurisdiction in Connecticut., 2952.
  18. Passenger injury claim properly dismissed for failure to prove notice that “unreasonably high” step up to coaming was a dangerous condition., 2963.
  19. Filing of amended complaint as of right one hour before dismissal of original complaint renders appeal of order for dismissal of original complaint moot., 2973.
  20. Eleventh Circuit upholds bank maritime lien as assignee of bankrupt bunker broker and denies maritime lien to physical supplier subcontractor., 2980.