Latest Issue

  1. Reformation of knock-for-knock indemnity provision of Master Services Contract based on mutual mistake extends insurer’s coverage., 609.
  2. A maritime lien requires a direct contract between the party asserting a lien and the vessel owner or a party authorized by the vessel owner., 627.
  3. Pre-judgment interest will be awarded against an interpleader plaintiff if security other than cash is posted, but will not be awarded if cash is deposited., 656.
  4. Staffing company provided tank testers third-party claims against shipbuilder dismissed based on LHWCA immunity of borrowing employer and also dismissed against the scaffold sub-contractor., 681.
  5. Agreement to act as surety for maritime contract is not itself maritime contract and is unenforceable under New York statute of frauds, 701.
  6. Conflicting New York and London arbitration locations in charter party prompt Florida court to order Florida arbitration if no mutual agreement is reached., 720.
  7. Federal court applying California attachment statute increases plaintiff’s security for wrongful attachment damages., 731.
  8. District court holds that Kirby limited agency rule applies to Carmack Amendment cases enforcing “direct suit prohibition” clause in railroad tariff., 744.
  9. Where plane crash occurs on land, DOHSA does not apply even if negligent navigational decision is made over the high seas., 759.
  10. Towing company and master’s convictions for maritime negligence in causing explosion of oil barge reversed based on preclusive effect of prior unsuccessful U.S. civil action based upon the same claim., 769.
  11. Qualified marine safety expert will be allowed to testify as to safe personnel transfers between vessels but not as to inapplicable OSHA regulation as “a guide” to determining the standard of care in the Jones Act and unseaworthiness case., 777.
  12. District court transfers New Jersey limitation proceeding to Rhode Island where collision occurred, investigations are pending, and non-party witnesses can be subpoenaed., 795.
  13. Where consignee fails to accept delivery shipper is liable under B/L for unpaid freight, demurrage, storage and attorney’s fees and costs., 801.
  14. Seaman discharged after 25 days without his fault or consent found entitled to one month’s additional wages, plus unreimbursed costs and prejudgment interest but not attorneys’ fees., 807.
  15. When foreign arbitral award denies U.S. law rights, seaman’s U.S. complaint states a viable basis for vacating on public policy grounds and the prospective waiver doctrine., 812.
  16. Marina insurance policy not a maritime contract where principal objective is to insure land-based property not maritime commerce., 832.
  17. Puerto Rico Ports Authority again denied Eleventh Amendment immunity in charter hire dispute following First Circuit Grajales ruling., 851.
  18. Contract for container chassis to be used exclusively on land is non-maritime and chassis owners’ Supplemental Rule B attachment is vacated., 862.
  19. Injured passenger who fell in galley hatch left open by captain/owner establishes privity and knowledge and limitation petition is dismissed on summary judgment., 871.
  20. Equity requires priority reimbursement to unsuccessful intervenor in mortgage foreclosure action who advanced cost of vessel preservation prior to sale., 896.
  21. The court dismisses LHWCA injured worker’s 905(b) action against owner of vessel under construction as it was not a vessel able to engage in traditional maritime activity., 905.