Latest Issue

  1. Fifth Circuit upholds “towing vessel” definition to include a “mother ship” pulling sonar towfish in ocean bottom survey., 2409.
  2. Fifth Circuit dismisses interlocutory admiralty appeal involving insurance coverages where underlying claim in admiralty has yet to be decided., 2420.
  3. Carrier’s settlement agreement requiring payment of freight forwarder’s debt to NVOCC for release of cargo owner’s vehicles is not invalidated by duress where threat to sell vehicles had a legal basis., 2431.
  4. Eleventh Circuit holds that while arbitration agreement under the Convention may be sufficient for removal jurisdiction it may still not bind a party to the action without signatures of both parties., 2450.
  5. Renters of boat and tubing equipment may be contractually liable to indemnify rental company for injuries to third-parties even if rental company is grossly negligent., 2464.
  6. Uncertainty as to date a personal injury claim accrues under the “discovery rule” prompts denial of employer’s motion to dismiss claim filed more than three years after the date of seaman’s fall., 2470.
  7. In case of multiple “owners” in a limitation proceeding, the injunction extends only to each owner’s interest in the vessel., 2474.
  8. Financially strapped repair company loses security for most of lien where it cannot post counter-security for yacht owner’s counterclaim for faulty repair., 2479.
  9. The Ninth Circuit joins other circuits in denying a maritime lien to unpaid physical bunker supplier where bunkers were not provided on order of a statutorily authorized person., 2484.
  10. Allegations of duty of yacht club race organizer to sailing race participant drowned in severe storm during race are adequate to defeat motion to dismiss., 2490.
  11. In case of first impression, district court adopts magistrate judge’s recommendation to deny dismissal claims against yacht club race organizer for death of participant during sailing race in severe storm., 2500.
  12. Summary judgment dismissal of passenger claim for injury while rushing stage in tie-breaker game of “Name That Tune” upheld on appeal., 2504.
  13. Ninth Circuit, in a case of first impression, holds that boat owner as passenger on his own boat owes no duty to keep a lookout greater than that of an ordinary passenger., 2512.
  14. Eleventh Circuit upholds dismissal of boat manufacturer’s “trade dress” infringement and trade secrets claims against ex-employee’s company finding lack of confusion in design of its center console fishing boat., 2523.
  15. District court dismisses death claim against Customs and Border Protection for collision with fleeing “panga” containing illegal immigrants., 2548.
  16. District court voids boat policy applying uberrimae fidei and finding breach of warranty of truthfulness for omission of prior loss history and boating experience on application., 2577.
  17. Absent fraudulent use of the corporate form, vessel owner’s action to pierce the corporate veil of charterer’s sister corporation and individual owner fails., 2608.
  18. Address of foreign corporation deemed correct for substitute service where provided to secretary of state even if process was previously returned “not deliverable” at same address., 2622.
  19. Repair yard’s contractual responsibility for and involvement in safety aspects of sub-contractor’s job prevents summary judgment as to its liability for death of sub-contractor’s employee., 2626.
  20. Sailing vessel owner is entitled to limitation where “spontaneous navigational error” of crewmember caused loose halyard to strike passenger., 2642.
  21. Fifth Circuit affirms liability of tug as “operator” of barge including barge tonnage to determine tower’s liability for clean-up costs in barge allision and oil spill., 2651.
  22. Passenger appellant’s failure to challenge district court’s damages ruling in the initial brief dooms appeal of entire action., 2659.
  23. Delaware district court nixes bunker supplier’s arrest of vessel where Brazilian court treated its prior quasi-in-rem attachment of the same vessel in Brazil as an in rem action., 2670.
  24. In rem jurisdiction over a silk cloth taken from a ship wreck is sufficient to exercise in rem jurisdiction over the entire wreck., 2686.
  25. DC Circuit upholds denial of shipowner’s claim for damages due to government’s unreasonable vessel detention for prosecution of oil record book violations, finding that six-month delay and $2.5 million bond were reasonable., 2705.
  26. Fifth Circuit reverses limitation on workplace OSHA compliance duty of general contractors and extends duty owed to employees of all employers working at the hazardous worksite controlled by the general contractor., 2721.
  27. District court reviews and approves necessary joint stipulations to pursue state court claims in loss of barge in wake damage case., 2748.
  28. Maritime law of laches applies to repair invoice claim rather than 3-year prescriptive period for Louisiana open account claims but disputes as to laches issues prevent summary judgment., 2753.
  29. Interlocutory admiralty appeal of district court order validating preferred ship mortgage but not finding default and foreclosing dismissed as not ultimately determining the rights and liabilities of the parties., 2771.
  30. Employer’s federal declaratory judgment action relating to its maintenance and cure obligation stayed pending outcome of seaman’s state court action., 2775.
  31. Employee’s LHWCA benefits are properly terminated due to lack of notice to employer and insurer of third-party settlement and judgment., 2781.
  32. Ocean carrier’s claim for costs relating to delay and detention is barred by broad general language of prior release., 2792.
  33. Foreign corporate plaintiff must have a fixed physical address in Connecticut to invoke long arm statute as source of personal jurisdiction over other foreign defendants., 2802.
  34. Yacht stewardess injured in unauthorized tender ride was not acting within the scope of employment under Jones Act., 2826.
  35. Fisherman recovers highest wage rate plus double wage penalty for vessel owner’s recalcitrant refusal to pay wages and failure to utilize a written employment agreement., 2838.
  36. Yacht insurer properly denied coverage for mold damage caused by electrical failure and “mystery sander” attempting to clean up mold., 2857.
  37. Hawaii state statute allowing hedonic damages may supplement general maritime law remedies in survival action arising out of firefighter’s death in state territorial waters., 2865.
  38. Federal pre-judgment interest rate, not higher N.Y. rate, applies in maritime case where only N.Y. connection is dispute resolution clause., 2876.
  39. A passenger ship ticket clause requiring notice of injury to be served on the defendant within 185 days is extended by a Himalaya Clause in the ticket to an independent contractor., 2883.
  40. Limitation plaintiff’s request to conduct discovery as to the limitation issues in claimant’s state court action is denied., 2898.
  41. Boat operator’s motion for summary judgment denied as to drowning death claims arising out of intoxicated passenger’s jump from boat at high speed without a life jacket as passengers prepared to Snapchat video the jump., 2903.
  42. Eleventh Circuit holds that jury must consider whether cruiseline had a duty to warn of heavy deck door quickly slamming shut in high winds severing passenger’s finger., 2929.
  43. District court adopts pro rata allocation of custodial costs for vessel seizures based on size of claims and period of arrest., 2934.
  44. Under maritime law a ship repairer faces three potential sources of liability for inadequate performances: breach of contract, breach of implied warranty of workmanlike performance and negligence., 2941.
  45. Where accident occurs in North Carolina portion of interstate lake, D.S.C. transfers boat accident action to W.D.N.C. for convenience of the parties., 2951.
  46. D.N.J. denies motion to reconsider transfer of cargo action to S.D.N.Y pursuant to B/L forum selection clause., 2963.
  47. Admiralty and diversity jurisdiction of transferor court is established and cargo damage action transferred pursuant to B/L forum selection clause., 2971.
  48. Coast Guard officers’ detention of a person for illegal entry based solely on his Latino ethnicity is an egregious violation of immigration regulations prompting consideration of termination of removal proceedings on remand., 2977.