Latest Issue

  1. The district court properly dismissed federal antitrust and state law claims against ocean vehicle carriers allegedly fixing rates and capacity as the Shipping Act provides the exclusive remedies., 1.
  2. Under the Federal Lien Enforcement Act, 28 U.S.C. §1655, the presence of property in the court’s registry is sufficient for a court to properly exercise interpleader jurisdiction over a party not otherwise subject to personal jurisdiction., 19.
  3. In seaman’s personal injury claim based on unseaworthiness alone, loss of consortium claims of wife and children are not barred by Miles v. Apex., 27.
  4. Seller with knowledge that used forklift had a defective parking brake is potentially liable to longshoreman injured when forklift being carried as cargo rolled into him., 30.
  5. Third Circuit finds no admiralty jurisdiction over injury to passenger standing on anchored vessel when struck by coffee cup thrown from shore., 57.
  6. District court correctly held that costs incurred by Coast Guard in responding to false distress call may be awarded as either civil damages or restitution in the criminal case., 64.
  7. Jones Act plaintiff’s motion to strike its own jury demand nine months after scheduling order amendment deadline has passed is denied for lack of “good cause” under Rule 16., 72.
  8. Foreign seaman’s personal injury suit properly removed under Federal Arbitration Act removal provision as relating to arbitration., 79.
  9. Russian law applies to Russian bunker supplier’s E.D.La. arrest of U.S. vessel and U.S. maritime lien claims are dismissed., 84.
  10. Dismissal of wrongful death claim arising out of 1967 use of toxic land fill to construct marine terminal is upheld based on Md. 20 year statute of repose., 94.
  11. A ship’s general agent is presumed to rely on the owner’s credit, not on the vessel; it does not have a maritime lien against the vessel., 102.
  12. District court may not sua sponte set a maximum medical improvement date different than that sought by movant on summary judgment without notice under Rule 56(f) and opportunity to dispute., 110.
  13. Where use of cell phone by ferry captain caused collision, ferry operator’s knowledge that its captains carried cell phones and were permitted to use them bars limitation., 125.
  14. An evidentiary hearing must be held where multi-party settlement agreement is ambiguous as to whether settling defendants are jointly obligated to pay., 132.
  15. Exclusive hiring hall requirement that non-union member pay a reasonable service fee is not compulsory union membership prohibited by the National Labor Relations Act., 146.
  16. N.D.Cal. sending cargo claim to N.D.Ga. holds that B/L with two different forum-selection clauses is not ambiguous as more specific clause controls., 157.
  17. District court abused its discretion in excluding expert witness report produced after expert designation deadline rather than granting a continuance., 166.
  18. Assisting tug, although not the “dominant mind,” is still potentially liable for its role in causing damage to government’s dam from sinking of barges in assisted flotilla., 184.