Case # | Name | Category | Court | Judge | Published |
---|---|---|---|---|---|
09-55028
|
Federal Insurance Co. v. Union Pacific Railroad Co.
Subrogee may not sue subcontractor for damages due to enforceable covenant not to sue in bill of lading, which specified applicable legal regime. |
Maritime Law |
|
Jul. 14, 2011 | |
08-56756
|
Tobar v. United States
Court has discretion to determine whether foreign reciprocity exists under Public Vessels Act before dismissing case on sovereign immunity grounds. |
Maritime Law |
|
Apr. 21, 2011 | |
A127424
|
Bartholomew v. SeaRiver Maritime Inc.
Vessel owner does not breach duty to turn over vessel in safe condition because expert ship repair contractors should have been aware of asbestos hazards. |
Maritime Law |
|
Mar. 18, 2011 | |
09-56501
|
Helman v. Alcoa Global Fasteners Inc.
Accident that occurred beyond three miles of U.S. shore is governed exclusively by federal statute preempting state actions. |
Maritime Law |
|
Mar. 15, 2011 | |
08-70268
|
Roberts v. Director, Office of Workers' Compensation Programs (Kemper Insurance Companies)
In calculating compensation rate under Longshore and Harbor Workers' Compensation Act, national average weekly wage when employee became disabled is properly applied. |
Maritime Law |
|
Nov. 10, 2010 | |
09-17254
|
Bauer v. MRAG Americas Inc.
Under Marine Mammal Protection Act, vessel owner is immune from negligence suit by fisheries observer who was injured while taking restroom break. |
Maritime Law |
|
Oct. 28, 2010 | |
05-75449
|
Pedroza v. BRB
Psychological injuries arising from legitimate personnel actions are not compensable under Longshore and Harbor Worker's Compensation Act. |
Maritime Law |
|
Oct. 20, 2010 | |
09-15641
|
Bowoto v. Chevron Corp.
Death on High Seas Act preempts all maritime law survival claims, including those brought under Alien Tort Statute. |
Maritime Law |
|
Sep. 13, 2010 | |
09-15579
|
Stacy v. Rederiet Otto Danielsen A.S.
Plaintiff must only show immediate risk of harm for negligent infliction of emotional distress claim arising from collision with vessel. |
Maritime Law |
|
Jun. 30, 2010 | |
09-73041
|
Hawaii Stevedores Inc. v. Ogawa
Maritime worker’s disabling injury is presumed work-related where he shows stress of position aggravated or accelerated onset of injury. |
Maritime Law |
|
Jun. 23, 2010 | |
08-1553
|
Kawasaki Kisen Kaisha Ltd. v. Regal-Beloit Corp.
Forum-selection clauses contained in bills of lading for overseas shipments are valid under Carriage of Goods by Sea Act. |
Maritime Law |
|
Jun. 22, 2010 | |
08-35337
|
ProShipLine Inc. v. Aspen Infrastructures Ltd.
Equitable vacatur of writ of maritime attachment is improper where plaintiff’s presence in district was not materially significant. |
Maritime Law |
|
Jun. 9, 2010 | |
08-73862
|
Valladolid v. Pacific Operations Offshore LLP
Workers compensation claim under Outer Continental Shelf Lands Act does not require injury to have occurred on the outer continental shelf. |
Maritime Law |
|
May 14, 2010 | |
08-35337
|
ProShipLine Inc. v. Aspen Infrastructures Ltd.
Equitable vacatur of writ of maritime attachment is improper where plaintiff’s presence in district was not materially significant. |
Maritime Law |
|
Feb. 4, 2010 | |
08-57046
|
Equatorial Marine Fuel Management Services Pte Ltd. v. MISC Berhad
Marine fuel supplier may not attach buyer's property where supplier failed to show valid breach of contract or unjust enrichment claims. |
Maritime Law |
|
Jan. 12, 2010 | |
05-75449
|
Pedroza v. BRB
Psychological injuries arising from legitimate personnel actions are not compensable under Longshore and Harbor Worker's Compensation Act. |
Maritime Law |
|
Oct. 2, 2009 | |
07-16739
|
APL Co. Pte. Ltd. v. UK Aerosols Ltd.
Party not identified as shipper in bill of lading is not protected as such under Carriage of Goods by Sea Act. |
Maritime Law |
|
Sep. 22, 2009 | |
08-15239
|
MacDonald v. Kahikolu Ltd.
Ship owner is not liable for injury suffered by crew member during 'free dive' despite absence of operations manual on board. |
Maritime Law |
|
Sep. 14, 2009 | |
08-214
|
Atlantic Sounding Co. Inc. v. Townsend
Punitive damages remain available where vessel owner willfully disregards obligation to provide maintenance and cure to injured crew member. |
Maritime Law |
|
Jun. 26, 2009 | |
08-56142
|
Misson Bay Jet Sports, LLC v. Colombo
Admiralty jurisdiction applies to tort claim involving injuries incurred while riding jet ski in area reserved for personal watercraft use. |
Maritime Law |
|
Jun. 25, 2009 | |
07-35787
|
Mazda Motors of America, Inc. v. M/V Cougar Ace
Defendant vessel that shipped contracted goods entitled to invoke bill of lading's forum selection clause as Himalaya beneficiary. |
Maritime Law |
|
May 10, 2009 | |
07-35148
|
Aguilera v. Alaska Juris F/V, O.N. 569276
Employer acts properly by withholding portions of maintenance and cure payments from seaman due to child support obligations under state law. |
Maritime Law |
|
Aug. 5, 2008 | |
07-35237
|
Crowley Marine Services Inc. v. Maritrans Inc.
District court's allocation of liability using comparative fault standard is upheld where plaintiff argues overtaking vessel caused collision. |
Maritime Law |
|
Jul. 7, 2008 | |
07-219
|
Exxon Shipping Co. v. Baker
In oil spill case, maximum punitive damages is $507.5 million based on punitive-to-compensatory ratio. |
Maritime Law |
|
Jun. 26, 2008 | |
B200083
|
Price v. Connolly-Pacific Co.
Commuter seaman living in camper near jobsite during work week is infected with West Nile Virus and denied maintenance and cure. |
Maritime Law |
|
May 14, 2008 | |
06-10389
|
United States v. Shi
Court's jurisdiction is proper in case where defendant fatally stabbed ship's captain while sailing in international waters. |
Maritime Law |
|
Apr. 25, 2008 | |
06-55031
|
New Hampshire Insurance Co. v. C'Est Moi Inc.
To supersede maritime doctrine, 'uberrimae fidei,' parties need to use clear language in policy because doctrine protects insurer and risk pool. |
Maritime Law |
|
Mar. 21, 2008 | |
06-55355
|
Trans-Tec Asia v. M/V Harmony Container
Federal Maritime Lien Act permits foreign necessaries providers to obtain maritime lien under certain circumstances. |
Maritime Law |
|
Mar. 12, 2008 | |
07-16695
|
Pacific Merchant Shipping Association v. Goldstene
Clean Air Act preempts California's 'Marine Vessel Rules,' which constitute emission standards. |
Maritime Law |
|
Feb. 28, 2008 | |
06-35383
|
Certain Underwriters at Lloyds, London v. Inlet Fisheries Inc.
'Uberrimae fidei' requires insured to disclose past oil spills and financial troubles material to insurer's decision to underwrite vessel pollution policy. |
Maritime Law |
|
Feb. 12, 2008 |