Latest Issue

  1. Deckhand’s loss of control of weighted halyard striking plaintiff, in the absence of any other explanation, is sufficient to support a negligence finding without resort to res ipsa loquitur., 2409.
  2. Arbitrator’s award based on contractual New York law clause confirmed excepted for post-judgment interest rate in the absence of clear expression of intent to deviate from 28 U.S.C. 1961., 2420.
  3. Vessel owner warranty of seaworthiness extends only to seaman performing seaman’s work on board its vessel at time of allision., 2430.
  4. Insurance policy language sufficient for insurer in La. Direct Action claim to benefit from insured vessel owner’s limitation if successful., 2435.
  5. BVI yacht owner’s successful forum non conveniens motion to dismiss plaintiff’s USVI Jones Act claim, upheld., 2439.
  6. Negligence claim of guest on “buddy” fishing trip who severed fingertip in windlass and contracts neurological disease from tetanus shot survives summary judgment., 2453.
  7. District Court upholds denial of coverage of speed boat accident for breach of named operator endorsement., 2462.
  8. Rule 60 relief from judgment to pay 30% of $1.8 million plaintiff’s judgment is denied even though co-defendant settled its 70% liability with the plaintiff for much less., 2468.
  9. Father of deceased Jones Act seaman’s claims for survival damages, wrongful death, non-pecuniary, pecuniary and punitive damages are dismissed., 2473.
  10. P&I Club removal of plaintiff’s direct-action claim of asbestos exposure is upheld enforcing arbitration clause in Club Rules., 2479.
  11. Wharfinger solely liable for unsafe berth and yacht captain was not at fault for making a second attempt to berth after first attempt caused a shudder and engine shutdown., 2485.
  12. District court properly dismissed tort claim of boaters injured in the course of TVA transmission line repairs on the Tennessee River., 2508.
  13. Sixth Circuit upholds dismissal for lack of personal jurisdiction of asbestos claims against shipowners., 2514.
  14. District court applying Fed.R.Evid. 702 excludes and limits testimony of 16 different experts in vessel fire and explosion case., 2532.
  15. NYPD Harbor Unit diesel mechanic is not Jones Act seaman for purposes of firefighter/police statute exception for statutory violation involving premises safety., 2606.
  16. Eleventh Circuit vacates denial of charterer’s intervention in vessel foreclosure proceeding and remands., 2612.
  17. Motion by charterer as assignee of shipowner’s interest in foreclosure proceeding to reopen summary judgment against defaulting shipowner is denied., 2614.
  18. Second Circuit affirms dismissal of shareholder derivative claims alleging self-dealing of shipowning company in mergers, purchases and entering service contracts., 2639.
  19. Second Circuit upholds dismissal of Jones Act claim of “barge maintainer” injured on barges secured to the dock for lack of seaman status., 2674.
  20. Where city successfully invokes sovereign immunity defense in state court, federal court will proceed with same case in federal court where no such bar prevents injured plaintiffs from having their claims heard., 2691.