Latest Issue

  1. Ninth Circuit reaffirms recovery of punitive damages based on unseaworthiness claims rejecting Fifth Circuit’s McBride decision denying recovery., 1.
  2. The Third Circuit joins sister circuits in upholding collective bargaining agreement limitations on maintenance, cure and wages for union seamen so long as agreements are fairly negotiated, and such rights are not “completely abrogated.”, 13.
  3. District courts, not courts of appeals, have initial jurisdiction to review EPA implementation of EPA definition of “Waters of the United States” delineating reach of the EPA permitting programs., 29.
  4. Montana court properly rejected Montana insured’s challenges to enforcement of New York arbitration clause in yacht policy but should have referred arbitrability issues to the arbitrator., 46.
  5. Coast Guard detention of undocumented immigrant solely based on his Latino ethnicity violates both the Fourth Amendment and immigration regulations and necessitates termination of removal proceedings., 62.
  6. In small boat limitation where negligence and privity or knowledge are disputed, motion to dismiss limitation proceeding based on the “owner-at-the-helm” doctrine is denied., 80.
  7. Bunker broker’s liquidation trustee is enjoined from pursuing London arbitration against vessel owners where contract terms dictate that physical supplier’s Greek law and forum clause supersedes bunker brokers London arbitration clause., 89.
  8. Vessel owners’ attorneys’ fees as interpleader plaintiffs are assessed against the fund and not against the losing bunker supplier claimants whose litigation positions were reasonable., 136.
  9. Plaintiff barge cleaner lacked a substantial connection to a “vessel in navigation” or identifiable fleet of vessels necessary to achieve seaman status., 144.
  10. Under LHWCA fee-shifting provision a successful claimant may recover fees for fee-application and fee-litigation work., 154.
  11. Allegations of negligence in placement of small darkly colored table in cruise ship’s poorly lighted lounge create issues of fact preventing summary judgment motion in plaintiff passenger’s trip and fall case., 157.
  12. U.S. citizens attacked on U.S.-flagged vessel by Israeli forces while protesting Gaza boycott may not bring claims against the State of Israel under the FSIA exceptions to immunity., 165.
  13. LHWCA §905(b) claims against vessel and negligence claims against the prime shipyard contractor are dismissed where ladder handrail removed for repair did not create an unreasonably hazardous condition for an experienced ship repair worker., 177.
  14. Wrongful death claimant’s interlocutory appeal of denial of her motion to lift stay will not divest the district court of jurisdiction to proceed with the merits of the limitation proceeding., 193.
  15. Death claims of jet ski passenger against jet ski rental company dismissed in limitation proceeding for failure to allege sufficient facts to support negligent entrustment claim., 197.
  16. Ninth Circuit reverses National Marine Fisheries Service’s permitting of longline fishing for swordfish due to adverse effects on migratory birds and loggerhead sea turtles., 203.
  17. An attempt to limit, by an action for declaratory judgment, the amount of recovery a party may obtain in an action pending in Brazil lacks a case or controversy over which the court may exercise is jurisdiction., 244.
  18. Fifth Circuit reverses dismissal of LHWCA Scindia claim based factual disputes surrounding the turnover duty and obviousness of hole in grating of decommissioned oil-drilling platform through which plaintiff fell 50 feet to his death., 248.
  19. Employer granted summary judgment based on McCorpen defense for non-disclosure of pre-existing mental illness and treatment dismissing maintenance and cure claim., 259.
  20. U.S. Marshals Service Policy Directives 11.9 Admiralty Office of General Counsel, 268.