| Case # | Name | Category | Court | Judge | Published |
|---|---|---|---|---|---|
|
96-3633
|
International Fire & Marine Ins. Co. v. Silver Star Shipping America Inc.
Signed bill of lading is unnecessary if fair opportunity to opt out of liability exists. |
Maritime Law |
|
Jul. 8, 1999 | |
|
93-56326
|
Ghotra v. Bandilla Shipping Inc.
Killed maritime worker's survivors have jury trial right despite joinder of suit against vessel. |
Maritime Law |
|
Jun. 28, 1999 | |
|
95-1621
|
Harbor Tug & Barge Co. v. Papai
Jones Act covers seamen facing regular exposure to perils of sea, not including injured deckhand. |
Maritime Law |
|
Jun. 28, 1999 | |
|
96-35039
|
Ribitzki v. Canmar Reading & Bates
Primary duty rule doesn't bar negligence or unseaworthiness claim if claimant didn't create dangerous condition. |
Maritime Law |
|
Jun. 26, 1999 | |
|
95-56578
|
Dearborn v. Mar Ship Operations Inc.
Contract operator's control over chartered public vessel's operation doesn't alter status as agent of United States. |
Maritime Law |
|
Jun. 26, 1999 | |
|
95-1764
|
Saratoga Fishing Co. v. J.M. Martinac & Co.
Equipment added by initial user before selling ship isn't part of product causing physical harm. |
Maritime Law |
|
Jun. 26, 1999 | |
|
94-16597 and 95-16171
|
Robert E. Blake Inc. v. Excel Environmental
State law governs indemnity claim against mothballed-ship contractor by injured subcontractor's employee. |
Maritime Law |
|
Jun. 22, 1999 | |
|
96-15774
|
Suma Fruit International v. Albany Insurance Co.
Exception to perishable cargo clause of exclusion for refrigeration 'derangement' is inapplicable for human error. |
Maritime Law |
|
Jun. 17, 1999 | |
|
96-35195
|
Higgins v. Port of Newport
Owner's due process rights aren't violated by port foreclosing vessel's moorage lien through nonjudicial foreclosure. |
Maritime Law |
|
Jun. 17, 1999 | |
|
96-36053 and 96-36135
|
Fireman's Fund Insurance Companies v. Big Blue Fisheries Inc.
Observation of vessel is equivalent to radar plotting under International Regulations for Preventing Collisions at Sea. |
Maritime Law |
|
Jun. 15, 1999 | |
|
96-7761
|
Gipson v. Kajima Engineering and Construction Inc.
Construction worker injured on barge not in navigation has no cognizable claim under Jones Act. |
Maritime Law |
|
Jun. 14, 1999 | |
|
96-35210
|
Chan v. Society Expeditions Inc.
Time charterer could be liable for tour passenger's injury from operator's negligence in shoreward piloting. |
Maritime Law |
|
Jun. 11, 1999 | |
|
96-15734
|
Fireman's Fund Insurance Co. v. Cho Yang Shipping Co. Ltd.
No in rem proceedings in foreign courts doesn't bar enforcing forum-selection clause in overseas shipping contract. |
Maritime Law |
|
Jun. 7, 1999 | |
|
96-15734
|
Fireman's Fund Insurance Co. v. Cho Young Shipping Co.
No in rem proceedings in foreign courts doesn't bar enforcing forum-selection clause in overseas shipping contract. |
Maritime Law |
|
Jun. 7, 1999 | |
|
97-35516
|
Nautilus Marine Inc. v. Niemela
Under Robins Dry Dock rule, maritime plaintiff may not recover economic loss as a result of damage to a third party. |
Maritime Law |
|
Jun. 3, 1999 | |
|
97-704
|
Dooley v. Korean Air Lines Co.
Survivors of individuals killed on the high seas may not sue for decedents' pre-death pain and suffering. |
Maritime Law |
|
May 26, 1999 | |
|
97-15817
|
Quevedo v. Trans-Pacific Shipping Inc.
Ship owner and charterer have no duty to warn stevedore of obvious unstable condition of pipe bundles. |
Maritime Law |
|
May 11, 1999 | |
|
97-55610, 97-56355
|
Warn v. Maridome
Foreign maritime law, rather than the Jones Act, applies where accident involving yacht flying British flag occurs in Grecian waters. |
Maritime Law |
|
May 3, 1999 | |
|
97-55610 and 97-56355
|
Warn v. M/Y Maridome
Foreign maritime law, rather than the Jones Act, applies where accident involving yacht flying British flag occurs in Grecian waters. |
Maritime Law |
|
Apr. 29, 1999 | |
|
95-15693
|
Deep Sea Research, Inc. v.The Brother Jonathan
California fails to establish colorable claim to submerged shipwreck for Eleventh Amendment immunity. |
Maritime Law |
|
Apr. 12, 1999 | |
|
97-35010
|
International Assn. of Independent Tanker Owners v. Locke
Federal law pre-empts state requirements for tanker navigation equipment but not other spill prevention measures. |
Maritime Law |
|
Apr. 12, 1999 | |
|
97-35010
|
International Assoc. of Independent Tanker Owners v. Locke
Federal law pre-empts state requirements for tanker navigation equipment but not other spill prevention measures. |
Maritime Law |
|
Mar. 25, 1999 | |
|
97-16839
|
Vision Air Flight Service Inc. v. M/V National Pride
Intentional destruction of cargo voids statutory limitation of marine carrier's liability for damage. |
Maritime Law |
|
Mar. 19, 1999 | |
|
96-55872
|
Konica Business Machines Inc. v. The Vessel 'Sea-Land Consumer'
Stowage of goods on deck of container ship without locking pins isn't unreasonable deviation from shipping contract. |
Maritime Law |
|
Mar. 17, 1999 | |
|
96-35695 and 96-35720
|
Knight v. Alaska Trawl Fisheries Inc.
Ship owner liable to seaman under seaworthiness and negligence theories isn't entitled to indemnity from negligent contractor. |
Maritime Law |
|
Mar. 17, 1999 | |
|
96-35695
|
Knight v. Alaska Trawl Fisheries Inc.
Ship owner liable to seaman under seaworthiness and negligence theories isn't entitled to indemnity from negligent contractor. |
Maritime Law |
|
Mar. 12, 1999 | |
|
97-35248 and 97-35249
|
Evanow v. M/V Neptune
Under marine salvage contract, liability of non-settling parties is reduced by the amount paid by co-obligators. |
Maritime Law |
|
Feb. 26, 1999 | |
|
97-16905
|
Akiyama Corporation of America v. Hanjin Marseilles
Under Carriage of Goods by Sea Act, 'Himalaya Clause' extends carrier's limited liability to terminal operators. |
Maritime Law |
|
Feb. 23, 1999 |
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