Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
22-500
|
Great Lakes Insurance SE v. Raiders Retreat Realty Co.
Choice-of-law provisions in maritime insurance contract was enforceable under federal maritime law because it was presumptively valid and there was no applicable exception. |
Maritime Law |
|
B. Kavanaugh | Feb. 22, 2024 |
22-16149
|
Ehart, Jr. v. Lahaina Divers, Inc.
Statute restricting liability waivers for owners of vessels transporting passengers "between ports" did not apply to scuba tour vessel traveling away from and back to a single Maui port. |
Maritime Law |
|
C. Bea | Feb. 9, 2024 |
22-35195
|
Western Towboat Co. v. Vigor Marine LLC
A "Hold Harmless" provision in parties' Tow Agreement did not apply to shipyard's non-reimbursed deductible for third-party liability because it only held harmless for injury to their own property. |
Maritime Law |
|
W. Fletcher | Nov. 1, 2023 |
B315302
|
Ranger v. Alamitos Bay Yacht Club
Yacht club worker's sole remedy is with California workers' compensation law rather than federal admiralty law since state compensation laws cannot be preempted to maintain maritime uniformity. |
Maritime Law |
|
J. Wiley | Sep. 7, 2023 |
20-35985
|
Martz v. Horazdovsky
Vessel owners' limitation-of-liability action was timely because claimant's letter did not constitute "written notice of the claim" that started the running of the six-month limitations period. |
Maritime Law |
|
E. Miller | May 11, 2022 |
20-35165
|
Deem v. The William Powell Co.
Under Maritime law, the statute of limitations for wrongful death claims begins to accrue on the date of death, rather than when the illness was diagnosed. |
Maritime Law |
|
R. Gould | May 2, 2022 |
20-35159
|
Pacific Gulf Shipping v. Vigorous Shipping & Trading
There was insufficient evidence that appellees were dominated or controlled by debtors or that appellees were operated with fraudulent intent in order to pierce the corporate veil. |
Maritime Law |
|
D. Boggs | Mar. 30, 2021 |
G058575
|
Prickett v. Bonnier Corp.
Compensatory damages for loss of appellant's father's society or punitive damages are not available under general maritime law for injuries to a non-seaman. |
Maritime Law |
|
W. Bedsworth | Oct. 15, 2020 |
18-266
|
Dutra Group v. Batterton
Mariner may not recover punitive damages on unseaworthy claim; punitive damages are not a traditional remedy for unseaworthiness. |
Maritime Law |
|
S. Alito | Jun. 25, 2019 |
17-1104
|
Air & Liquid Systems Corp. v. DeVries
In maritime tort context, manufacturer has duty to warn when manufacturer's product requires later incorporation of dangerous part, such as asbestos, in order for integrated product to function as intended. |
Maritime Law |
|
B. Kavanaugh | Mar. 20, 2019 |
17-55441
|
Cruz v. Nat'l Steel & Shipbuilding
Under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. Section 905(a), a borrowing employer is entitled to the same tort immunity as a conventional employer. |
Maritime Law |
|
J. Bybee | Dec. 20, 2018 |
16-35539
|
Bunker Holdings v. Yang Ming Liberia
Appellant did not provide 'necessaries to a vessel on the order of...a person authorized by the owner' because fuel broker lacked authority to bind the vessel; thus its maritime lien failed. |
Maritime Law |
|
P. Watford | Oct. 12, 2018 |
16-15942
|
Holzhauer v. Rhoades
When a boat owner is functioning as a passenger on a vessel, the duty of care that applies is the same duty of care that is applied to a passenger. |
Maritime Law |
|
R. Gould | Aug. 13, 2018 |
16-15023
|
Amended Opinion: Barnes v. Sea Hawaii Rafting
Court properly has in rem jurisdiction over vessel where it waives jurisdictional challenge by litigating suit for 15 months. |
Maritime Law |
|
J. Nguyen | Apr. 20, 2018 |
16-15023
|
Barnes v. Sea Hawaii Rafting
Court properly has in rem jurisdiction over vessel where it waives jurisdictional challenge by litigating suit for 15 months. |
Maritime Law |
|
J. Nguyen | Mar. 29, 2018 |
16-35474
|
Galilea v. AGSC Marine Insurance Co.
Montana law is not preserved from preemption under federal maritime law and, thus, the Federal Arbitration Act applies to a maritime insurance contract. |
Maritime Law |
|
M. Berzon | Jan. 17, 2018 |
13-56762
|
McIndoe v. Bath Iron Works Corp.
In asbestos action, naval warships are not 'products' for purposes of strict products liability; nor can plaintiffs prevail against shipbuilders on negligence theory. |
Maritime Law |
|
Apr. 1, 2016 | |
13-15145
|
Ali v. Rogers
District court lacks jurisdiction to preside over civil rights claims that sounded in admiralty and were not brought against federal government.` |
Maritime Law |
|
Mar. 19, 2015 | |
12-70740
|
Petitt v. Sause Brothers
Shipper may not reduce disability payments to its former welder by taking into account $0.25 raises provided by his new employer every three months. |
Maritime Law |
|
Sep. 23, 2013 | |
D059413
|
Brandwein v. Butler
Yacht owner cannot recover emotional distress damages from company that negligently performed salvage operations on yacht after it ran aground in Mexico. |
Maritime Law |
|
Aug. 26, 2013 | |
11-73172
|
Schwirse v. Director, Office of Workers' Compensation Program
Longshoreman who fell and injured himself after drinking numerous beers throughout day is not entitled to receive compensation for his injuries. |
Maritime Law |
|
Jul. 29, 2013 | |
11-55823
|
Clevo Co. v. Hecny Transportation Inc.
Limitations period in bills of lading bars computer parts seller's misdelivery claim against freight forwarder despite guarantee with no statute of limitations. |
Maritime Law |
|
Apr. 29, 2013 | |
11-71194
|
Kealoha v. Office of Workers Compensation Programs
Ship laborer may recover workers' compensation for injuries from suicide attempt if he can prove his work-related fall caused his subsequent suicide attempt. |
Maritime Law |
|
Apr. 10, 2013 | |
G045886
|
Simmons v. Ware
Owner of vessel used for marine education program is not liable for drowning death where his role as joint venturer with operator was never litigated. |
Maritime Law |
|
Mar. 14, 2013 | |
G045886
|
Simmons v. Ware
Owner of vessel used for marine education program is not liable for drowning death where his role as joint venturer with operator was never litigated. |
Maritime Law |
|
Feb. 15, 2013 | |
11-626
|
Lozman v. City of Riviera Beach
Floating home is not 'vessel' for purposes of admiralty jurisdiction because it was not capable of being used as means of transportation over water. |
Maritime Law |
|
Jan. 15, 2013 | |
11-71703
|
Keller Foundation/Case Foundation v. Tracy
Barge foreman who was injured while doing shore-side work in foreign countries is not eligible for workers' compensation benefits under federal law. |
Maritime Law |
|
Sep. 21, 2012 | |
08-71719
|
Price v. Stevedoring Services of America Inc.
In calculating how much interest on disability benefits longshoreman is entitled to, judge incorrectly applies simple interest rate. |
Maritime Law |
|
Sep. 5, 2012 | |
11-460
|
Los Angeles Cty. Flood Control v. Natural Resources, et. al.
Is there "discharge" under Clean Water Act when water from navigable waterway flows through infrastructure and then returns back within same waterway? |
Maritime Law |
|
Jun. 26, 2012 | |
10-35933
|
Samuels v. Holland American Line-USA Inc.
Cruise line does not have duty to warn passenger of dangers associated with swimming at beach where it does not have notice of risk-creating condition. |
Maritime Law |
|
Sep. 6, 2011 |