Latest Issue

  1. Fifth Circuit upholds Deepwater Horizon administrator’s million dollar clawback due to recipient’s fraudulent misrepresentation that its shrimp processing business was viable at the time of the oil spill., 1217.
  2. Shipyard’s exculpatory clause while valid, is inapplicable to damage caused by shipyard’s subcontractor., 1226.
  3. No vicarious liability of principal for negligence of independent contractor operating in personnel basket transfer injury claim., 1244.
  4. Fifth Circuit affirms “eggshell skull” rule even where pre-existing conditions are manifest prior to injury., 1248.
  5. Federal court grants shipowner’s motion to retain jurisdiction for jury to hear fault and damages issues and the court to decide limitation issues., 1263.
  6. Performance may render unsigned written contract binding under maritime law., 1269.
  7. Insurer’s motion to compel compliance with yacht policy appraisal/arbitration clause and to stay suit is granted., 1276.
  8. In the Fifth Circuit, punitive damages are not available to a Jones Act seaman in claim against third-party non-employer., 1282.
  9. No inherent bias for mutual P&I club board members as both insurers and insureds to consider appeal of club member who voluntarily agreed to ADR process., 1293.
  10. Where no specific amount of laytime is set forth in booking notes a “reasonable time” for loading and discharge of cargo is allowed., 1311.
  11. Fishing agreements statute requiring statement of “period of effectiveness” does not reverse long standing maritime precedent allowing at-will termination., 1330.
  12. The safety of a port is evaluated as of the time the vessel is ordered to the port., 1336.
  13. A Jones Act wrongful death recovery is limited to pecuniary loss, but Jones Act survival action recovery is not so limited., 1406.
  14. One firm may represent three wrongful death claimants in a limitation proceeding., 1421.
  15. Materiality prong of willful concealment defense to maintenance and cure is met where employer “may have” not hired plaintiff if the condition had been disclosed., 1425.
  16. Cruise operator not liable to passenger for injury on shore motorcycle excursion caused by its off-duty captain., 1428.
  17. Absent good cause under Rule 35 defendant’s psychiatric and vocational rehabilitation experts may examine plaintiff without the presence of plaintiff’s attorney., 1434.
  18. Maritime lienors have legally protectable interests and otherwise qualify to intervene after vessel sale as a matter of right under Rule 24., 1442.
  19. A state peremption statute applies to a location on the Outer Continental Shelf adjacent to the state to time bar plaintiff’s claim., 1453.
  20. Only the disponent owner, not “true” owner, must arbitrate under “narrow” arbitration clause governing dispute between “owners and charterers.”, 1461.
  21. Allegations that seaman was told by vessel owner to postpone surgery resulting in stroke during subsequent voyage may be a breach of cure duty., 1478.
  22. District court exonerates Coast Guard of Good Samaritan Rule liability in vessel to vessel rescue attempt., 1485.
  23. Fifth Circuit applying Davis test finds contract for flow-back services on fixed platform is maritime; concurring judges urge en banc review to simplify Davis test., 1501.
  24. OPA provides Responsible Party with a statutory right of contribution from joint tortfeasor not limited by general maritime law economic loss only rule., 1521.
  25. In case of first impression, the court holds Carmack does not preempt La. direct action against Carrier’s insurer for cargo damage, but does preempt bad faith claims handling claim., 1541.
  26. District court rejects on uniformity grounds claim that U.S. preferred ship mortgage must also be valid under the law of the state of its execution., 1554.
  27. The trial court erred in instructing jury to consider employee’s motive in reporting environmental violation to satisfy whistleblower’s “good faith” requirement under La. Environmental Quality Act., 1568.
  28. The party seeking London arbitration not entitled to stay pending appeal of order requiring arbitration in Miami., 1570.
  29. Eleventh Circuit upholds dismissal of conservationists’ action against Corps of Engineers for water release decisions on Okeechobee Waterway due to absence of Florida Water District as a party., 1574.
  30. As a limitation petitioner individual recreational boat owner on board at the time of injury has a right to federal court determination of negligence., 1610.
  31. Outer Continental Shelf Lands Act incorporation of Louisiana Direct Action Statute does not bring sites on the OCSLA within the territory of Louisiana for purposes of the Direct Action Statute., 1617.
  32. Texas Supreme Court upholds trial court’s summary judgment dismissal of Jones Act seaman’s case finding out-of-navigation status of vessel under conversion at the time of the injury., 1622.
  33. Texas barge cleaning company dismissed from La. suit based on lack of general or specific personal jurisdiction., 1660.
  34. Indemnitee/additional insured’s coverage under indemnitor’s policy is denied where policy language extends only to vessel-related claims, not claims involving capping of oil wells., 1670.
  35. Attaching party lacked sufficient evidence to support veil piercing and property of debtor-related company is released from attachment., 1679.
  36. Voyage charterer’s arrest and attachment of vessel for breach of voyage charter is vacated where vessel owner was not a party to the voyage charter., 1689.
  37. Motion to dismiss Jones Act claim of boatyard employee acting as yacht master is denied., 1701.
  38. Whether arbitration agreement expired was properly determined by arbitrator, not the court, where agreement contains a broad arbitration clause., 1706.
  39. Actual knowledge of no lien clause is proven by oral communications from the vessel’s chief engineer and master to bunker barge captain., 1716.
  40. Despite two CBP internal reports finding CBP boat operator was probable cause of collision, later outside expert’s report asserting sole fault of plaintiff is sufficient to defeat plaintiff’s summary judgment., 1726.
  41. Allegations of agency not sufficient to bind shipper to arbitrate where clause only binds “owners and charterers.”, 1735.
  42. Court rejects attorney’s fee claims in bond calculation under Supp. Rule E., 1743.
  43. Default judgment set aside for excusable neglect where receptionist failed to advise defendant’s officers of service of suit and defendant acted promptly to set aside final default., 1748.
  44. A tort related to the B/L will be heard in the forum chosen by the B/L., 1751.
  45. California court applying Delaware law denies coverage due to insured’s non compliance with Repair Clause in yacht policy requiring prior agreement to extend coverage for major repair, hot work, or shipyard’s requested waiver of subrogation., 1765.
  46. Maritime law does not preempt enforcement of a state lien law unless the state law allows in rem enforcement., 1785.
  47. The saving to suitors clause right to proceed in common law courts is not limited to state courts., 1797.
  48. Fifth Circuit affirms monthly matching costs and revenues methodology for Deepwater Horizon business loss claimants, but reverses spreading of revenues beyond compensation period for certain industries., 1809.