Latest Issue

  1. First Circuit adopts zone of danger test allowing recovery for negligent infliction of emotional distress under general maritime law without a showing of physical impact., 913.
  2. Ninth Circuit granting writ of mandamus directs district court to award maintenance after four years delay and adopts Second Circuit burden-shifting framework for pretrial determinations of seamen’s maintenance claims., 939.
  3. Ninth Circuit upholds computer fraud policy exclusion where hacker induces insured’s employee to enter fraudster’s bank wire transfer information into insured’s computer system., 973.
  4. State law tolling tort claims for infancy are preempted by the three-year Uniform Statute of Limitations for maritime tort claims., 976.
  5. District court upholds magistrate judge’s denial of motion to quash 28 U.S.C. §1782 subpoenas to U.S. entities related to vessel owner in London Maritime Arbitration Association proceeding., 982.
  6. Special admiralty interlocutory appeals are not available to appealing parties where plaintiffs specifically disclaimed Rule 9(h) designation in their complaint in order to obtain a jury trial., 988.
  7. A covenant not to sue contained in B/L Himalaya clause issued by NVOCC to the shipper is enforceable against the shipper by the actual ocean carrier and loading stevedore., 997.
  8. Adjacent state law applies to tort cases involving personnel basket transfers between offshore platforms and vessels in the Gulf of Mexico., 1009.
  9. In case of first impression, Ninth Circuit holds that California state minimum wage and overtime laws are applicable to California offshore platform workers as not inconsistent with federal law., 1030.
  10. Claimant’s letter to limitation petitioner is not sufficient to trigger six month filing period., 1060.
  11. Absence of defendant’s contacts in Mass. prompts dismissal of Mass. kayaker’s claim against R.I. boater for collision in international waters off Rhode Island., 1062.
  12. Although a vessel’s lien on cargo is lost on unconditional delivery, it is presumed that delivery is conditional., 1067.
  13. City of Norfolk is denied sovereign immunity defense and claims of severely injured repair employees may also proceed against allegedly “plainly incompetent” police boat operator., 1074.
  14. The risk of physical injury exception to the economic loss only rule is rejected, and yacht purchaser’s products liability claims dismissed., 1090.
  15. New Jersey court transfers fishing vessel owner’s limitation proceeding to Mass. where surviving and deceased crew members lived, and the sinking occurred., 1099.
  16. Repair yard recovers in full against non-paying vessel owners; counter claims for alleged deficient work on vessels denied., 1107.
  17. Ocean carrier’s dead freight claims dismissed for lack of personal jurisdiction due to its failure to allege contractual jurisdiction clause applicable during the period when the claims arose., 1146.
  18. Deceased marine surveyor’s survivors not entitled to loss of support beyond average work-life expectancy or loss of society damages in the absence of more specific evidence., 1153.
  19. Third-party Complaint pursuant to Rule 14(c) dismissed where plaintiffs did not designate underlying complaint as an admiralty and maritime claim under Rule 9(h)., 1167.
  20. Yacht insurer has no duty to defend insured for grounding on shoal outside policy navigational limits., 1183.
  21. Time charterer, its agent, and stevedore administrative support company owed no duty to supervise stevedoring operations and longshoreman’s LHWCA §905(b) injury claim against them is dismissed., 1198.
  22. Eleventh Circuit upholds Supp. Rule B attachment of vessel based on Florida quantum meruit law to allow recovery by unpaid physical supplier of bunkers., 1217.
  23. In the wake of Ninth Circuit invalidation of bankruptcy sale of vessel purportedly “free and clear” of maritime liens, district court grapples with questions of maritime/bankruptcy court boundaries., 1223.
  24. Cruise line passenger’s failure to warn claim dismissed on summary judgment based on evidence that a crew member physically pointed out open door of ice cream machine., 1237.
  25. Cruise ship’s failure to utilize life guards at vessel swimming pools is not a basis for intentional infliction of emotional distress claim for near drowning of passengers’ child., 1244.
  26. “Functional nexus” of intermodal facility with landward transportation of cargo disqualifies the facility as an LHWCA situs., 1248.
  27. Punitive damage claims go forward against repair company using after-market parts in place of new parts in diesel engine rebuild., 1251.
  28. Dismissal of an in rem action in favor of a chosen forum that does not exercise in rem jurisdiction is proper as long as plaintiff may enforce a judgment against the value of the ship in the chosen forum., 1259.
  29. Fifth Circuit upholds dismissal of father’s survival action and wrongful death claims including loss of society, punitive damages and loss of support and services arising out of death of his seaman son., 1271.
  30. Seaman’s right to state court determination of maintenance and cure under saving to suitors prompts stay of employer’s federal declaratory judgment action., 1276.
  31. Fourth Circuit upholds convictions of ship operating companies for oil record book violations and imposition of fines and restitution including banning of defendants’ vessels from U.S. ports for 5 years., 1279.
  32. District court holds that saving to suitors requires remand where removal is based solely on admiralty and plaintiff sought a jury trial in state court whatever the effect of the 2011 amendment to removal statute., 1318.
  33. Seaman in wage claim recovers attorney’s fees based on shipowner’s bad faith in forging seaman’s signature and hiding payment adjustments in discovery., 1326.
  34. Court rejects seaman’s claim for “cure for life” as a shipowner obligation resumed after closure of Marine Hospital system., 1332.
  35. Motor Freight Tariff clause requiring arbitration of Carmack Amendment claims is binding without specific mention of Carmack Amendment., 1338.
  36. Expert testimony on OSHA “three points of contact” while on a ladder is excluded as unnecessary to jury’s understanding., 1344.
  37. Treating physician’s opinion in Jones Act case that kneeling for a long period of time could cause injury is sufficient evidence of medical causation to raise issues of fact., 1349.
  38. District Court denies personal injury plaintiff’s unopposed motion to certify as a final judgment dismissal order as to one defendant in multi-party case., 1354.
  39. Rule 30(b)(6) corporate representative’s lack of knowledge and preparation prompts court to compel presentation of new corporate representative within 21 days., 1358.
  40. District court holds potential Medicare lien is not a separate claimant for purposes of lift stay in a single claimant limitation proceeding, reversing its prior ruling to the contrary., 1361.
  41. Florida court applying doctrine of equitable vacatur vacates Venezuelan yacht insureds’ attachment of defendant Venezuelan insurer’s funds in Florida bank where all parties are subject to jurisdiction in Venezuela., 1369.
  42. District Court rejects boat owner claim that condominium owner must own subaqueous floor of river to collect wharfage for use of floating pier berth., 1378.
  43. Court upholds arbitrator’s grant of injunctive relief enforcing settlement agreement “no sail” provision., 1389.
  44. Oil-filled double-hulled barges grounded on Mississippi mud shoal did not represent “a substantial threat of discharge of oil” and lightering and salvage costs are not recoverable under WQIS policy., 1401.
  45. Fish and Wildlife Service’s termination of California sea otter translocation program upheld over objections of fishing industry groups., 1443.
  46. The Federal Circuit reverses Court of Claims imposition of “taking” liability on government based on finding that Katrina flooding damage was due to government’s poor maintenance of Mississippi River-Gulf Outlet., 1458.
  47. Vessel owner breaches turnover duty where vessel crane’s wire rope snapped due to poor maintenance., 1477.
  48. Divided Ninth Circuit panel reverses BRB and ALJ’s findings that alternative employment was reasonably available to permanently disabled LHWCA claimant., 1515.