U.S. Admiralty Law: Are We Drifting Away from Traditional Principles of Uniformity & Common Sense?

Size: px
Start display at page:

Download "U.S. Admiralty Law: Are We Drifting Away from Traditional Principles of Uniformity & Common Sense?"

Transcription

1 U.S. Admiralty Law: Are We Drifting Away from Traditional Principles of Uniformity & Common Sense? By: George M. Chalos, Esq. CHALOS & Co, P.C. International Law Firm

2 Article III Admiralty & Maritime Jurisdiction Article III of the U.S. Constitution: The judicial power shall extend... to all cases of admiralty and maritime jurisdiction.... The U.S. Supreme Court has long held that Article III s grant of admiralty jurisdiction refers to a system of law coextensive with, and operating uniformly in, the whole country. The Lottawanna, 88 U.S. 558, 21 Wall. 558, 575, 22 L. Ed. 654 (1875).

3 Article III Admiralty & Maritime Jurisdiction But does it need to make sense?

4 What is Admiralty? Black s Law Dictionary broadly defines admiralty as: A court exercising jurisdiction over maritime causes, both civil and criminal, and marine affairs, commerce and navigation, controversies arising out of acts done upon or relating to the sea, and over questions of prize. Also, the system of jurisprudence relating to and growing out of the jurisdiction and practice of the admiralty courts. To fall within admiralty jurisdiction, a claim must have a salty flavor. Kossick v. United Fruit Co., 365 U.S. 731 (1961). But when is a claim more sandy than salty? A. Elephant Corp. v. Hifocus Group Limited, 2009 U.S. Dist. LEXIS (S.D.N.Y. 2009).

5 The Expanding Scope of Admiralty Jurisdiction 1991 Courts should focus on the nature of the services performed... In determining whether a... contract is a maritime contract. Exxon Corp. v. Central Gulf Lines, Inc., 500 U.S. 603, 613, n. 7, 111 S. Ct (1991). In Exxon, the U.S. Supreme Court overruled the century-old rule that agency contracts were per se excluded from admiralty jurisdiction.

6 The Expanding Scope of Admiralty Jurisdiction 2004 The Supreme Court recognized that the boundaries of admiralty jurisdiction over contracts as opposed to torts or crimes being conceptual rather than spatial, have always been difficult to draw and held that the appropriate inquiry is whether the principal objective of a contract is maritime commerce. Norfolk Southern Ry. v. James N. Kirby, Pty Ltd., 543 U.S. 14, 23-24, 125 S. Ct. 385 (2004). A maritime case about a train wreck.

7 The Expanding Scope of Admiralty Jurisdiction 2005 The Second Circuit Court of Appeals recognized that Kirby calls for reconsideration of [its] precedent concerning the boundaries of the courts admiralty jurisdiction. Folksamerica Reinsurance Co. v. Clean Water of New York, Inc., 413 F. 3d 307, 314 (2d Cir. 2005). Should the Court expand the boundaries of admiralty jurisdiction?

8 Then why have District Courts been slow to embrace change?

9 Then why have District Courts been slow to embrace change?

10 S&P / Supplies of Necessaries, Shipbuilding and Repair A ship repair contract is a maritime contract giving rise to a maritime claim & admiralty jurisdiction. New Moon Shipping Co. v. Man B&W Diesel, AG, 121 F.3d 24, 28 (2d Cir. 1997). A contract to supply necessaries to a vessel, or to provide agency services, is a maritime contract falling within admiralty jurisdiction. Exxon Corp. v. Central Gulf Lines, Inc., 500 U.S. 603, 111 S. Ct (1991).

11 S&P / Supplies of Necessaries, Shipbuilding and Repair A contract for the sale of a vessel is not a maritime contract. The ADA, 250 F. 194 (2d Cir. 1918). A contract to build a vessel is not a maritime contract. People s Ferry Co. v. Beers, 61 U.S. 393 (20 How.) (1858). A contract to supply materials for a vessel s construction is not a maritime contract. People s Ferry Co. v. Beers, 61 U.S. 393 (20 How.) (1858). WHY?

12 S&P / Supplies of Necessaries, Shipbuilding and Repair Only one District Court has taken the position that the Supreme Court s Kirby opinion overruled the general rule that a contract for the sale of a ship is nonmaritime. Kalafrana Shipping Ltd. v. Sea Gull Shipping Co., Ltd., 591 F. Supp. 2d 505, 511 (S.D.N.Y. 2008) (Schiendlin, U.S.D.J.). No other District Court or Circuit Court has adopted Kalafrana or otherwise followed its reasoning.

13 Is the Jones Act Whack? The law has always treated seamen as wards of the Court, requiring special protections... But why are Jones Act seamen deprived of remedies that would otherwise be available? A Jones Act seaman may not recover punitive damages. McBride v. Estis Well Service, LLC, 768 F.3d 382 (5th Cir. 2014); Miles v. Apex Marine Corp., 498 U.S. 19 (1990). Jones Act seamen work on vessels but are their claims statutory or do they sound in admiralty? Jones Act seamen can demand a trial by jury, even though Fed. R. Civ. P. 38(e) excludes maritime claims from the right to a jury trial A claim for penalty wages does not necessarily fall within admiralty jurisdiction but may be brought as a statutory claim under penalty wage statute, 46 U.S.C , under the saving to suitors clause in 28 U.S.C. 1333(1). See Mylonakis v. M/T Georgios M, 2013 U.S. Dist. LEXIS (S.D. Tex. 2013).

14 All Clear?

15 Service Contracts / Derivatives Disputes arising out of services contracts, such as brokerage contracts, do not ordinarily invoke maritime jurisdiction. Shipping Fin. Servs. Corp. v. Drakos, 140 F. 3d 129, (2d Cir. 1998). But other courts have recognized that brokerage has a significant impact on maritime commerce (see Kan International, Inc. v. Coastal Tankships U.S.A., 1997 U.S. App. LEXIS 4800 (9th Cir. 1997)) isn t this the test set forth by the Supreme Court in Kirby? But disputes arising out of agency contracts are not per se excluded from admiralty jurisdiction. Exxon Corp. v. Central Gulf Lines, Inc., 500 U.S. 603, 11 S. Ct (1991)

16 Service Contracts / Derivatives Joint venture agreements to operate a maritime business are not subject to the Courts admiralty jurisdiction. The Detroit, 63 U.S. 330, 334, 16 L. Ed. 249 (1859) shouldn t this be revisited after Kirby? But forward freight agreements (FFAs) have repeatedly been held be maritime contracts; despite being derivatives or financial instruments. Flame S.A. v. Freight Bulk Pte. Ltd., 762 F.3d 352, 363 (4th Cir. 2014); Flame S.A. v. M/V LYNX, 2010 U.S. Dist. LEXIS (E.D. Tex. 2010); Transfield ER Futures Ltd. v. Deiulemar Shipping S.P.A., 2012 U.S. Dist. LEXIS 5040 (E.D. La. 2012). Second Circuit: D Amico v. Primera stay tuned...

17 What is a Vessel? The U.S. Code defines a vessel as every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. 1 U.S.C. 3.

18 What is a Vessel? This definition was seemingly broadened by the U.S. Supreme Court in Stewart v. Dutra Const. Co., 543 U.S. 481, 125 S. Ct. 1118, 160 L. Ed. 2d 932 (2005), differentiating between moored and fixed structures, and those capable of some self-propulsion. Led to many lower courts applying an anything that floats approach.

19 What is a Vessel? In 2013, the Supreme Court sought to clarify and limit this expansion, holding that the central question is whether a reasonable observer... would consider it designed to a practical degree for carrying people or things over water. Lozeman v. City of Riviera Beach, 133 S. Ct. 735, 2013 AMC 1 (2013). The Supreme Court reversed the 11 th Circuit Court of Appeals and held that Mr. Lozeman s houseboat was not a vessel, looking to both its physical attributes and its use.

20 What are Navigable Waters? The EPA and Army Corps of Engineers follow the C.F.R. s definition: navigable waters include [a]ll waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters which are subject to the ebb and flow of the tide. 33 C.F.R (a)(1); 40 C.F.R (s)(1). A body of water is navigable-in-fact if it is susceptible to use as a highway of commerce. The Daniel Ball, 77 U.S. 557 (1870).

21 What are Navigable Waters? But what about Utah v. U.S., 403 U.S. 9 (1971)?

22 What are Navigable Waters? The Great Salt Lake was deemed navigable in fact despite the fact that no interstate commerce or other commercial activity takes place on the lake.

23 What is an Island? United States v. McPhee, 33 F.3d 1269, 1279 n.9 (11th Cir. 2003) the 11 th Circuit Court of Appeals, although recognizing that neither Simon nor Garfunkel has been identified as a nautical expert, cited I am a Rock and noted that the Court could discern no reason why something could not be both a rock and an island at the same time. (Nonetheless, the Court ultimately found the land mass in question was a rock and not an island).

24 Choice of Law Rule B vs. Rule C Recent line of cases counsel that U.S. law should apply in determining whether a maritime claim exists for the purpose of interference with property located in the United States and/or with respect to whether there is U.S. admiralty jurisdiction to enforce a foreign judgment that would not be deemed maritime under the laws of the foreign jurisdiction in which the judgment was rendered. D Amico Dry Limited v. Primera Maritime (Hellas) Limited, 2014 U.S. App. LEXIS (2d Cir. 2014); Blue Whale Corp. v. Grand China Shipping Development Co., 722 F.3d 488 (2d Cir. 2013). Fourth Circuit recently followed these cases in Flame S.A. v. Freight Bulk Pte. Ltd., 762 F.3d 352, 361 (4th Cir. 2014). But what about Rule C? Why is a maritime lien claim different from a maritime claim?

25 Choice of Law Rule B vs. Rule C The Ninth, Fourth, and Fifth Circuits have all followed a three (3) step framework to determine whether a maritime lien exists: (1) apply a Lauritzen test to determine the law governing contract formation; (2) applying the controlling law, determine whether the contract incorporates the choice of law provision; and (3) if the choice of law provision is incorporated, evaluate whether the party acquired a maritime lien. Lien claims for unpaid bunkers ordered by deadbeat Charterers? But if the Vessel is arrested in the U.S. why don t Courts simply look to U.S. law to determine if a maritime lien exists? Why is Rule C different from what Flame, D Amico, and Blue Whale say?

26 MARPOL/APPS 33 U.S.C. 1908(a) authorizes the U.S. government to request that up to 50% of the fine paid by a corporate criminal defendant under APPS to be paid to the whistleblower(s) who provided information leading to a conviction. The whistleblowers who are fully participating in pollution acts which would otherwise be defined as barratry -- are induced by U.S. law to break company policies and international laws and regulations; to purposefully fail to report the known violations and take steps to actively hide the activity from the Owners and Operators; and to provide the tip to the U.S. Coast Guard in a U.S. port to obtain a big reward payout.

27

28 The Chutzpah Doctrine Chutzpah is a young man, convicted of murdering his parents, who argues for mercy on the ground that he is an orphan. Breneman v. Federal Aviation Administration, 30 Fed. Appx. 7 (D.C. Cir. 2002). Taxpayer cannot complain about not receiving notice when he moved without leading a forwarding address and then lived under an assumed name. Rappaport v. United States, 583 F.2d 298, 301 (7th Cir. 1978).

29 MARPOL/APPS 33 U.S.C. 1904(h) provides the following: A ship unreasonably detained or delayed by the Secretary acting under the authority of this chapter is entitled to compensation for any loss or damage suffered thereby.

30 MARPOL/APPS In Angelex Ltd. v. United States, 723 F.3d 500 (4th Cir. 2013), the Fourth Circuit concluded that a District Court lacks authority to review the Coast Guard s exercise of discretion to detain a vessel under 33 U.S.C. 1908(e) at the detention stage of the investigation. In so holding, the Court expressly relied on the government s own arguments that Congress, in 1904(h), authorized an after-the-fact statutory remedy whereby a shipowner could seek compensation for damages resulting from unreasonable delay or detention. But when Angelex has sought to pursue this after-the-fact remedy authorized by Congress, the government promptly moved to dismiss the Complaint. Angelex v. United States, 15-cv RC (D. D.C. filed Jan. 14, 2015).

31 Bottom Line: Is the U.S. Maritime Law Drifting Away from Uniformity & Common Sense?

32

The Scope of Maritime Law

The Scope of Maritime Law 1 The Scope of Maritime Law The foundation of maritime law is a significant body of wellestablished common law, developed from ancient practices of maritime commerce and from the decisions of maritime

More information

MARPOL, MAGIC PIPES, and WHISTLEBLOWERS: Lessons Learned and the Fight for Due Process for Owners, Operators, and Seafarers

MARPOL, MAGIC PIPES, and WHISTLEBLOWERS: Lessons Learned and the Fight for Due Process for Owners, Operators, and Seafarers MARPOL, MAGIC PIPES, and WHISTLEBLOWERS: Lessons Learned and the Fight for Due Process for Owners, Operators, and Seafarers By: George M. Chalos, Esq. CHALOS & CO, P.C. International Law Firm New York

More information

Case 1:14-cv-05671-VEC Document 14 Filed 05/26/15 Page 1 of 8. Plaintiff,

Case 1:14-cv-05671-VEC Document 14 Filed 05/26/15 Page 1 of 8. Plaintiff, Case 114-cv-05671-VEC Document 14 Filed 05/26/15 Page 1 of 8 This case is being reviewed for possible publication by American Maritime Cases, Inc. ( AMC ). If this case is published in AMC s book product

More information

Supreme Court of the United States

Supreme Court of the United States No. 11-626 IN THE Supreme Court of the United States FANE LOZMAN, v. Petitioner, THE CITY OF RIVIERA BEACH, FLORIDA, Respondent. On Petition for a Writ of Certiorari to the United States Court of Appeals

More information

September 14, 2012. Re: Injury compensation for aquaculture employees (NSGLC-12-04-06)

September 14, 2012. Re: Injury compensation for aquaculture employees (NSGLC-12-04-06) September 14, 2012 Thomas J. Murray, Associate Director VIMS Marine Advisory Services Program Leader, Virginia Sea Grant Extension Program Virginia Institute of Marine Science College of William & Mary

More information

Arbitration in Seamen Cases

Arbitration in Seamen Cases Arbitration in Seamen Cases Recently, seamen have been facing mandatory arbitration provisions in their employment agreements which deny them their rights to a jury trial under the Jones Act, and also

More information

No. 5-09-0128WC IN THE APPELLATE COURT OF ILLINOIS FIFTH JUDICIAL DISTRICT WORKERS' COMPENSATION COMMISSION DIVISION

No. 5-09-0128WC IN THE APPELLATE COURT OF ILLINOIS FIFTH JUDICIAL DISTRICT WORKERS' COMPENSATION COMMISSION DIVISION NOTICE Decision filed 11/13/09. The text of this decision may be changed or corrected prior to the filing of a Petition for Rehearing or the disposition of the same. No. 5-09-0128WC IN THE APPELLATE COURT

More information

In the Supreme Court of the United States

In the Supreme Court of the United States No. 14-438 In the Supreme Court of the United States AMERICAN COMMERCIAL LINES, LLC, PETITIONER v. UNITED STATES OF AMERICA, ET AL. ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS

More information

APPENDIX D. Legal Definition of Traditional Navigable Waters

APPENDIX D. Legal Definition of Traditional Navigable Waters APPENDIX D Legal Definition of Traditional Navigable Waters Waters that Qualify as Waters of the United States Under Section (a)(1) of the Agencies Regulations The Environmental Protection Agency (EPA)

More information

SHIP ARREST IN PANAMA.

SHIP ARREST IN PANAMA. SHIP ARREST IN PANAMA. The Republic of Panama with its strategic geographic position, democratic and stable government, and well established maritime judicial system, fully equipped to handle all types

More information

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Goodridge v. Hewlett Packard Company Doc. 13 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION CHARLES GOODRIDGE, Plaintiff, v. CIVIL ACTION H-07-4162 HEWLETT-PACKARD

More information

upreme eurt at i tnitel tateg

upreme eurt at i tnitel tateg No. 07-219 upreme eurt at i tnitel tateg EXXON SHIPPING COMPANY, et al., V. Petitioners, GRANT BAKER, et al., Respondents. On Petition For A Writ Of Certiorari To The United States Court Of Appeals For

More information

F I L E D August 9, 2011

F I L E D August 9, 2011 Case: 10-30886 Document: 00511566112 Page: 1 Date Filed: 08/09/2011 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D August 9, 2011 Lyle

More information

Case 3:13-cv-01238-JPG-PMF Document 18 Filed 10/21/14 Page 1 of 6 Page ID #78 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

Case 3:13-cv-01238-JPG-PMF Document 18 Filed 10/21/14 Page 1 of 6 Page ID #78 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS Case 3:13-cv-01238-JPG-PMF Document 18 Filed 10/21/14 Page 1 of 6 Page ID #78 RICHARD M. O DONNELL, Plaintiff, UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS v. Case No. 13-cv-1238-JPG-PMF

More information

Pacific Coast Congress of Harbor Masters and Port Managers 39 th Annual Membership Conference April 9-12, 2013 Keeping Ahead of Rising Tides

Pacific Coast Congress of Harbor Masters and Port Managers 39 th Annual Membership Conference April 9-12, 2013 Keeping Ahead of Rising Tides Pacific Coast Congress of Harbor Masters and Port Managers 39 th Annual Membership Conference April 9-12, 2013 Keeping Ahead of Rising Tides But is it Legal? A Legal Smorgasbord for Marina Operators! C.

More information

INTERNATIONAL LAW SOCIETY LAW OF THE SEA WEEK. Conflict of Laws in U.S. Admiralty Law. October 11, 2010

INTERNATIONAL LAW SOCIETY LAW OF THE SEA WEEK. Conflict of Laws in U.S. Admiralty Law. October 11, 2010 INTERNATIONAL LAW SOCIETY LAW OF THE SEA WEEK Conflict of Laws in U.S. Admiralty Law October 11, 2010 1. Thanks for inviting me to speak. I understand that most of the attendees are law students. Many

More information

No. 00-214C. (Filed May 10, 2000)

No. 00-214C. (Filed May 10, 2000) No. 00-214C (Filed May 10, 2000) ASTA ENGINEERING, INC., v. Plaintiff, THE UNITED STATES, Defendant. Lack of jurisdiction over maritime claims precludes Court from ruling upon bid protest involving maritime

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 13-60119 Document: 00512554303 Page: 1 Date Filed: 03/07/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT GARY CHENEVERT, v. Plaintiff Appellee United States Court of Appeals Fifth

More information

TRADITION. INNOVATION. SUCCESS.

TRADITION. INNOVATION. SUCCESS. TRADITION. INNOVATION. SUCCESS. Dial In: 1 (866) 640-4044 Participation Code: 969427 VESSEL FINANCING AND ENFORCING MARITIME CLAIMS Paul N. Vance & Leon H. Rittenberg III September 20, 2011 Please note

More information

Case 2:08-cv-01700-NJB-KWR Document 641 Filed 02/02/15 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

Case 2:08-cv-01700-NJB-KWR Document 641 Filed 02/02/15 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA Case 2:08-cv-01700-NJB-KWR Document 641 Filed 02/02/15 Page 1 of 9 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ATEL MARITIME INVESTORS, LP, et al. CIVIL ACTION VERSUS CASE NO. 08-1700 SEA

More information

FACTUAL AND PROCEDURAL BACKGROUND

FACTUAL AND PROCEDURAL BACKGROUND The Fifth Circuit Attempts to Clarify the Interplay Between OCSLA and Maritime Law; Declines to Create a Zone of Danger Cause of Action Under General Maritime Law In Francis Barker v. Hercules Offshore,

More information

PITFALLS AND PRACTICAL POINTERS FOR THE TRIAL LAWYER ENCOUNTERING A MARITIME CLAIM. By Thomas M. Bond, Esq., Boston, MA

PITFALLS AND PRACTICAL POINTERS FOR THE TRIAL LAWYER ENCOUNTERING A MARITIME CLAIM. By Thomas M. Bond, Esq., Boston, MA PITFALLS AND PRACTICAL POINTERS FOR THE TRIAL LAWYER ENCOUNTERING A MARITIME CLAIM By Thomas M. Bond, Esq., Boston, MA A trial lawyer attempting to litigate a maritime claim without doing the preliminary

More information

Source: http://www.uscg.mil/hq/g-m/pscweb/boarding%20matrix.htm.

Source: http://www.uscg.mil/hq/g-m/pscweb/boarding%20matrix.htm. FAQs for Detainees in Marine Pollution Prosecutions Under what authority may the Coast Guard board a vessel? Under the United Nations Convention on the Law of the Sea, a coastal state has full and exclusive

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND MEMORANDUM

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND MEMORANDUM IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND IMPERIUM INSURANCE COMPANY f/k/a DELOS INSURANCE COMPANY v. Civil No. CCB-12-1373 ALLIED INSURANCE BROKERS, INC. MEMORANDUM This suit arises

More information

Case 5:06-cv-00503-XR Document 20 Filed 09/28/06 Page 1 of 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION

Case 5:06-cv-00503-XR Document 20 Filed 09/28/06 Page 1 of 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION Case 5:06-cv-00503-XR Document 20 Filed 09/28/06 Page 1 of 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION UNITED STATES OF AMERICA, VS. Plaintiff, HENRY D. GOLTZ, EVANGELINA

More information

Lu Junhong: The Seventh Circuit Stirs the Waters of Maritime Removals

Lu Junhong: The Seventh Circuit Stirs the Waters of Maritime Removals Feature Article Benjamin J. Wilson HeplerBroom LLC, St. Louis, MO Lu Junhong: The Seventh Circuit Stirs the Waters of Maritime Removals In Lu Junhong v. Boeing Co., 792 F.3d 805 (7th Cir. 2015), the United

More information

SYLLABUS FOR MARITIME PERSONAL INJURY AND DEATH

SYLLABUS FOR MARITIME PERSONAL INJURY AND DEATH SYLLABUS FOR MARITIME PERSONAL INJURY AND DEATH Spring 2016 PROFFESSOR JOHN F. UNGER 1 LEARNING OBJECTIVES The objectives of this course are to teach the substantive law of the subject matter integrated

More information

Case 2:06-cv-04937-KSH-PS Document 36 Filed 09/28/2007 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Case 2:06-cv-04937-KSH-PS Document 36 Filed 09/28/2007 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY Case 2:06-cv-04937-KSH-PS Document 36 Filed 09/28/2007 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY NOT FOR PUBLICATION SAMUEL G. JONES, et. Al., Plaintiff, v. Civ. Action No. 06-4937

More information

Case 8:10-cv-02549-EAJ Document 20 Filed 11/01/11 Page 1 of 9 PageID 297 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

Case 8:10-cv-02549-EAJ Document 20 Filed 11/01/11 Page 1 of 9 PageID 297 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION Case 8:10-cv-02549-EAJ Document 20 Filed 11/01/11 Page 1 of 9 PageID 297 TORREY CRAIG, Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION vs. Case No.: 8:10-CV-2549-T-EAJ

More information

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT * Lorrie Logsdon sued her employer, Turbines, Inc.

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT ORDER AND JUDGMENT * Lorrie Logsdon sued her employer, Turbines, Inc. UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT FILED United States Court of Appeals Tenth Circuit October 20, 2010 Elisabeth A. Shumaker Clerk of Court LORRIE LOGSDON, Plaintiff Appellant, v. TURBINES,

More information

ADMIRALTY CASES AND MATERIALS. Jo DESHA LUCAS Late Arnold I. Shure Professor of Urban Law, Emeritus University of Chicago 1921-2010

ADMIRALTY CASES AND MATERIALS. Jo DESHA LUCAS Late Arnold I. Shure Professor of Urban Law, Emeritus University of Chicago 1921-2010 CASES AND MATERIALS ADMIRALTY SIXTH EDITION by Jo DESHA LUCAS Late Arnold I. Shure Professor of Urban Law, Emeritus University of Chicago 1921-2010 RANDALL D. SCHMIDT Clinical Professor of Law University

More information

THE SPREAD OF PUNITIVE DAMAGES CLAIMS IN U.S. SEAMEN S SUITS SINCE ATLANTIC SOUNDING V. TOWNSEND

THE SPREAD OF PUNITIVE DAMAGES CLAIMS IN U.S. SEAMEN S SUITS SINCE ATLANTIC SOUNDING V. TOWNSEND THE SPREAD OF PUNITIVE DAMAGES CLAIMS IN U.S. SEAMEN S SUITS SINCE ATLANTIC SOUNDING V. TOWNSEND Mitchell S. Griffin Cox, Wootton, Lerner, Griffin, Hansen & Poulos LLP San Francisco, California In the

More information

GUIDELINES FOR ATTORNEYS TAXATION OF COURT COSTS IN THE SOUTHERN DISTRICT OF OHIO

GUIDELINES FOR ATTORNEYS TAXATION OF COURT COSTS IN THE SOUTHERN DISTRICT OF OHIO GUIDELINES FOR ATTORNEYS TAXATION OF COURT COSTS IN THE SOUTHERN DISTRICT OF OHIO The purpose of these guidelines is to explain the standard and customary practices of the Clerk s Office of the United

More information

2015 IL App (1st) 15-0693-U. No. 1-15-0693 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT

2015 IL App (1st) 15-0693-U. No. 1-15-0693 IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT 2015 IL App (1st 15-0693-U NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e(1. No. 1-15-0693

More information

MARITIME LIEN FOR SEAFARERS WAGES IN LIBERIA

MARITIME LIEN FOR SEAFARERS WAGES IN LIBERIA MARITIME LIEN FOR SEAFARERS WAGES IN LIBERIA This Guide deals with the rights of seafarers of any nationality to unpaid or underpaid wages in respect of Liberian flagged ships, and foreign ships which

More information

Case 2:08-cv-01740-MLCF-DEK Document 37 Filed 05/21/08 Page 1 of 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

Case 2:08-cv-01740-MLCF-DEK Document 37 Filed 05/21/08 Page 1 of 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA Case 2:08-cv-01740-MLCF-DEK Document 37 Filed 05/21/08 Page 1 of 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA ARTHUR MONTEGUT, SR. CIVIL ACTION v. NO. 08-1740 BUNGE NORTH AMERICA, INC.,

More information

Case 3:05-cv-01771-G Document 35 Filed 06/30/06 Page 1 of 6 PageID 288 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Case 3:05-cv-01771-G Document 35 Filed 06/30/06 Page 1 of 6 PageID 288 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION Case 3:05-cv-01771-G Document 35 Filed 06/30/06 Page 1 of 6 PageID 288 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JOEL N. COHEN, VS. Plaintiff/Counter-Defendant, NCO FINANCIAL

More information

Punitive Damages, Today and Beyond A Crucial Evolving Maritime Issue Insurability and Issues of Insuring. John Weber, CPCU May 21, 2014

Punitive Damages, Today and Beyond A Crucial Evolving Maritime Issue Insurability and Issues of Insuring. John Weber, CPCU May 21, 2014 Punitive Damages, Today and Beyond A Crucial Evolving Maritime Issue Insurability and Issues of Insuring John Weber, CPCU May 21, 2014 Punitive Damages - Basic Description Punitive, Exemplary or Vindictive

More information

OPINIONS OF THE ATTORNEY GENERAL. Opn. No. 2000-1

OPINIONS OF THE ATTORNEY GENERAL. Opn. No. 2000-1 Page 1 of 6 Opn. No. 2000-1 US CONST, FOURTH AMEND; CRIMINAL PROCEDURE LAW 1.20, 140.10, 140.25, 140.30; PENAL LAW 10.00; 8 USC, CH 12, 1252c, 1253(c), 1254(a)(1), 1255a, 1324(a) and (c), 1325(b). New

More information

Determining Tax Liability Under Section 505(a) of the Bankruptcy Code

Determining Tax Liability Under Section 505(a) of the Bankruptcy Code Determining Tax Liability Under Section 505(a) of the Bankruptcy Code Section 505(a) of the Bankruptcy Code (the Code ) provides the means by which a debtor or trustee in bankruptcy may seek a determination

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 14-50895 Document: 00513153752 Page: 1 Date Filed: 08/13/2015 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED August 13, 2015 ANA GARCIA

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D November 19, 2009 No. 09-20049 Charles R. Fulbruge III Clerk DEALER COMPUTER SERVICES

More information

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION Case 6:09-cv-02099-GAP-DAB Document 37 Filed 04/08/10 Page 1 of 6 PageID 181 NURETTIN MAYAKAN, Plaintiff, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION -vs- Case No. 6:09-cv-2099-Orl-31DAB

More information

UNITED STATES COURT OF APPEALS ORDER AND JUDGMENT * Before HOLMES, MATHESON, and PHILLIPS, Circuit Judges.

UNITED STATES COURT OF APPEALS ORDER AND JUDGMENT * Before HOLMES, MATHESON, and PHILLIPS, Circuit Judges. ELBERT KIRBY, JR.; CALEB MEADOWS, FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit TENTH CIRCUIT February 5, 2016 Elisabeth A. Shumaker Clerk of Court v. Plaintiffs - Appellants,

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 13-31130 Document: 00512847813 Page: 1 Date Filed: 11/24/2014 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED November 24, 2014 Lyle

More information

Asbestos Liabilities: Jones Act Damages Limitations Should Be Extended To Nonemployer Product Supplier Defendants

Asbestos Liabilities: Jones Act Damages Limitations Should Be Extended To Nonemployer Product Supplier Defendants Asbestos Liabilities: Jones Act Damages Limitations Should Be Extended To Nonemployer Product Supplier Defendants Chris M. Temple ctemple@klng.com 412.355.6343 y Jeffrey N. Kinsey jkinsey@klng.com 412.355.8231

More information

Claims & Litigation Overview

Claims & Litigation Overview B P O i l D i s a s t e r : R e s t o r a t i o n & R e c o v e r y Claims & Litigation Overview DECEMBER 2013 Hundreds of lawsuits have been filed as a result of the Deepwater Horizon disaster. These

More information

Case 8:13-cv-01731-VMC-TBM Document 36 Filed 03/17/14 Page 1 of 11 PageID 134 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

Case 8:13-cv-01731-VMC-TBM Document 36 Filed 03/17/14 Page 1 of 11 PageID 134 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION Case 8:13-cv-01731-VMC-TBM Document 36 Filed 03/17/14 Page 1 of 11 PageID 134 JOHN and JOANNA ROBERTS, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION Plaintiffs, v. Case No. 8:13-cv-1731-T-33TBM

More information

CASE 0:05-cv-01578-JMR-JJG Document 59 Filed 09/18/06 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA 05-CV-1578(JMR/JJG)

CASE 0:05-cv-01578-JMR-JJG Document 59 Filed 09/18/06 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA 05-CV-1578(JMR/JJG) CASE 0:05-cv-01578-JMR-JJG Document 59 Filed 09/18/06 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA 05-CV-1578(JMR/JJG) State of Minnesota ) ) v. ) ORDER ) Robert B. Beale, Rebecca S.

More information

INTRODUCTORY COMMENT

INTRODUCTORY COMMENT INTRODUCTORY COMMENT These instructions were prepared for use in an action brought under maritime common law and the Jones Act, 46 U.S.C. 688, by a "seaman" against his or her employer. The instructions

More information

Recognition of a Maritime Lien for Attorney s fees. By Gregory C. Buffalow *

Recognition of a Maritime Lien for Attorney s fees. By Gregory C. Buffalow * Recognition of a Maritime Lien for Attorney s fees By Gregory C. Buffalow * Routine awards of a maritime lien for attorney s fees against a vessel should be recognized as necessaries, within the meaning

More information

STATE OF MAINE WADE R. HOOVER. [ 1] Wade R. Hoover appeals from an order of the trial court (Murphy, J.)

STATE OF MAINE WADE R. HOOVER. [ 1] Wade R. Hoover appeals from an order of the trial court (Murphy, J.) MAINE SUPREME JUDICIAL COURT Decision: 2015 ME 109 Docket: Ken-14-362 Argued: June 16, 2015 Decided: August 11, 2015 Reporter of Decisions Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, and

More information

Case 3:15-cv-00333-JLH Document 39 Filed 04/13/16 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION

Case 3:15-cv-00333-JLH Document 39 Filed 04/13/16 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION Case 3:15-cv-00333-JLH Document 39 Filed 04/13/16 Page 1 of 6 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION NUCOR STEEL-ARKANSAS; and NUCOR-YAMATO STEEL COMPANY PLAINTIFFS

More information

JUSTICE HOFFMAN delivered the opinion of the court: The plaintiff, Melissa Callahan, appeals from an order of the

JUSTICE HOFFMAN delivered the opinion of the court: The plaintiff, Melissa Callahan, appeals from an order of the SECOND DIVISION FILED: July 3, 2007 No. 1-06-3178 MELISSA CALLAHAN, ) APPEAL FROM THE ) CIRCUIT COURT OF Plaintiff-Appellant, ) COOK COUNTY ) v. ) ) No. 05 L 006795 EDGEWATER CARE & REHABILITATION CENTER,

More information

Whistleblower Claims: Are You Covered?

Whistleblower Claims: Are You Covered? Portfolio Media. Inc. 860 Broadway, 6th Floor New York, NY 10003 www.law360.com Phone: +1 646 783 7100 Fax: +1 646 783 7161 customerservice@law360.com Whistleblower Claims: Are You Covered? Law360, New

More information

Case 14-4626, Document 75-2, 03/16/2015, 1461986, Page1 of 8 14-4626. In the United States Court of Appeals for the Second Circuit DANIEL BERMAN,

Case 14-4626, Document 75-2, 03/16/2015, 1461986, Page1 of 8 14-4626. In the United States Court of Appeals for the Second Circuit DANIEL BERMAN, Case 14-4626, Document 75-2, 03/16/2015, 1461986, Page1 of 8 14-4626 In the United States Court of Appeals for the Second Circuit DANIEL BERMAN, -v.- Plaintiff-Appellant, NEO@OGILVY LLC AND WPP GROUP USA,

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 09-60402 Document: 00511062860 Page: 1 Date Filed: 03/25/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D March 25, 2010 Charles

More information

Anderson Brothers, Inc. v. St. Paul Fire and Marine Insurance Co.

Anderson Brothers, Inc. v. St. Paul Fire and Marine Insurance Co. Public Land and Resources Law Review Volume 0 Fall 2013 Case Summaries Anderson Brothers, Inc. v. St. Paul Fire and Marine Insurance Co. Katelyn J. Hepburn University of Montana School of Law, katelyn.hepburn@umontana.edu

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 11-13737. D.C. Docket Nos. 8:10-cv-02360-VMC ; 8:90-bk-10016-PMG

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 11-13737. D.C. Docket Nos. 8:10-cv-02360-VMC ; 8:90-bk-10016-PMG Case: 11-13737 Date Filed: 11/06/2012 Page: 1 of 6 IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 11-13737 [DO NOT PUBLISH] D.C. Docket Nos. 8:10-cv-02360-VMC ; 8:90-bk-10016-PMG In

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 12-16291 Non-Argument Calendar. D.C. Docket No. 0:12-cv-61429-RSR.

IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No. 12-16291 Non-Argument Calendar. D.C. Docket No. 0:12-cv-61429-RSR. Case: 12-16291 Date Filed: 06/17/2013 Page: 1 of 8 [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 12-16291 Non-Argument Calendar D.C. Docket No. 0:12-cv-61429-RSR MICHAEL

More information

STATE OF MICHIGAN COURT OF APPEALS

STATE OF MICHIGAN COURT OF APPEALS STATE OF MICHIGAN COURT OF APPEALS CALVERT BAIL BOND AGENCY, LLC, Plaintiff-Appellant, FOR PUBLICATION March 10, 2016 9:00 a.m. v No. 324824 St. Clair Circuit Court COUNTY OF ST. CLAIR, LC No. 13-002205-CZ

More information

Case 1:03-cv-05439-AWI-SAB Document 892 Filed 04/15/13 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) )

Case 1:03-cv-05439-AWI-SAB Document 892 Filed 04/15/13 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) Case :0-cv-0-AWI-SAB Document Filed 0// Page of 0 0 FOX HOLLOW OF TURLOCK OWNER S ASSOCIATION, et. al., v. Plaintiffs, RICHARD SINCLAIR, et al., Defendants. UNITED STATES DISTRICT COURT EASTERN DISTRICT

More information

United States Court of Appeals for the Federal Circuit

United States Court of Appeals for the Federal Circuit United States Court of Appeals for the Federal Circuit 04-5155, -5156 CLINTWOOD ELKHORN MINING COMPANY, GATLIFF COAL COMPANY, and PREMIER ELKHORN COAL COMPANY, v. Plaintiffs-Appellants, UNITED STATES,

More information

2005-C -2496 CHARLES ALBERT AND DENISE ALBERT v. FARM BUREAU INSURANCE COMPANY, ET AL. (Parish of Lafayette)

2005-C -2496 CHARLES ALBERT AND DENISE ALBERT v. FARM BUREAU INSURANCE COMPANY, ET AL. (Parish of Lafayette) FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 0 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 17th day of October, 200, are as follows: PER CURIAM: 2005-C -249 CHARLES ALBERT AND

More information

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF FLORIDA. JUNG BEA HAN and Case No. 00-42086 HYUNG SOOK HAN, v. Adv. No.

UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF FLORIDA. JUNG BEA HAN and Case No. 00-42086 HYUNG SOOK HAN, v. Adv. No. UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF FLORIDA In Re JUNG BEA HAN and Case No. 00-42086 HYUNG SOOK HAN, Debtors. JUNG BEA HAN, Plaintiff. v. Adv. No. 05-03012 GE CAPITAL SMALL BUSINESS FINANCE

More information

Air cargo is a $50 billion business that transports 35% of the value of goods

Air cargo is a $50 billion business that transports 35% of the value of goods A ADMIRALTY LAWYER S COMME TS O RECE T DEVELOPME TS CO CER I G THE MO TREAL CO VE TIO A D AIR FREIGHT FORWARDERS SEEKI G I DEM IFICATIO FROM AIR CARRIERS 2/22/11 Peter D. Clark at www.navlaw.com Air cargo

More information

Determining Jurisdiction for Patent Law Malpractice Cases

Determining Jurisdiction for Patent Law Malpractice Cases Determining Jurisdiction for Patent Law Malpractice Cases This article originally appeared in The Legal Intelligencer on May 1, 2013 As an intellectual property attorney, the federal jurisdiction of patent-related

More information

Supreme Court of Florida

Supreme Court of Florida Supreme Court of Florida POLSTON, J. No. SC14-1282 VICKI THOMAS, et al., Appellants, vs. CLEAN ENERGY COASTAL CORRIDOR, etc., et al., Appellees. [October 1, 2015] This case is before the Court on appeal

More information

Case 2:06-cv-02026-CM Document 104 Filed 01/23/09 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Case 2:06-cv-02026-CM Document 104 Filed 01/23/09 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS Case 2:06-cv-02026-CM Document 104 Filed 01/23/09 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS METROPOLITAN LIFE INSURANCE COMPANY, Plaintiff, CIVIL ACTION v. No. 06-2026-CM

More information

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : : : : : : : MEMORANDUM

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : : : : : : : MEMORANDUM IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND CATHERINE HOWELL, et al. Plaintiffs v. STATE FARM INSURANCE COMPANIES, et al. Defendants Civil No. L-04-1494 MEMORANDUM This is a proposed

More information

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT Case: 09-30299 Document: 0051998279 Page: 1 Date Filed: 01/07/2010 IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit F I L E D January 7, 2010 Summary

More information

ST. MARY S REGIONAL MEDICAL CENTER BATH IRON WORKS. treatment costs pursuant to the Maine Workers Compensation Act, 39-A M.R.S.

ST. MARY S REGIONAL MEDICAL CENTER BATH IRON WORKS. treatment costs pursuant to the Maine Workers Compensation Act, 39-A M.R.S. MAINE SUPREME JUDICIAL COURT Decision: 2009 ME 92 Docket: WCB-08-663 Argued: May 20, 2009 Decided: August 18, 2009 Reporter of Decisions Panel: SAUFLEY, C.J., and CLIFFORD, ALEXANDER, LEVY, SILVER, MEAD,

More information

MARITIME LIEN FOR SEAFARERS WAGES IN HONG KONG. This document is not intended to be legal advice, nor does it constitute legal advice.

MARITIME LIEN FOR SEAFARERS WAGES IN HONG KONG. This document is not intended to be legal advice, nor does it constitute legal advice. MARITIME LIEN FOR SEAFARERS WAGES IN HONG KONG This Guide deals with the rights of seafarers of any nationality to unpaid or underpaid wages in respect of Hong Kong flagged ships, and foreign ships which

More information

PERSONAL INJURIES AND DEATHS IN THE USA

PERSONAL INJURIES AND DEATHS IN THE USA PERSONAL INJURIES AND DEATHS IN THE USA This Guide explains national law when seafarers are injured or killed in a port in the USA or on a USA flagged ship. This document is not intended to be legal advice,

More information

Court of Appeals. First District of Texas

Court of Appeals. First District of Texas Opinion issued June 11, 2013. In The Court of Appeals For The First District of Texas NO. 01-12-00636-CV SINHUE TEMPLOS, Appellant V. FORD MOTOR COMPANY, Appellee On Appeal from the 333rd District Court

More information

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA EVANSVILLE DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA EVANSVILLE DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA. v. MEAD JOHNSON & COMPANY et al Doc. 324 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA EVANSVILLE DIVISION NATIONAL UNION FIRE INSURANCE

More information

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT : CASE NO 3:11CV00997(AWT) RULING ON MOTION TO DISMISS

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT : CASE NO 3:11CV00997(AWT) RULING ON MOTION TO DISMISS UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT --------------------------------x STATE OF CONNECTICUT : COMMISSIONER OF LABOR, : : Plaintiff, v. : : CHUBB GROUP OF INSURANCE : COMPANIES, : : Defendant.

More information

NORTHWESTERN NATIONAL LIFE INSURANCE COMPANY v. Bruce A. HESLIP 91-300 832 S.W.2d 463 Supreme Court of Arkansas Opinion delivered May 11, 1992

NORTHWESTERN NATIONAL LIFE INSURANCE COMPANY v. Bruce A. HESLIP 91-300 832 S.W.2d 463 Supreme Court of Arkansas Opinion delivered May 11, 1992 ARK.] INS. CO. V. HESLIP 319 NORTHWESTERN NATIONAL LIFE INSURANCE COMPANY v. Bruce A. HESLIP 91-300 832 S.W.2d 463 Supreme Court of Arkansas Opinion delivered May 11, 1992. MOTIONS MOTION DENIED BY TRIAL

More information

Maritime law of salvage and analysis of laws protecting the salvor s Interest

Maritime law of salvage and analysis of laws protecting the salvor s Interest Maritime law of salvage and analysis of laws protecting the salvor s Interest Francis Lansakara 1 ABSTRACT: Under maritime law salvage is encouraged and given priority with respect to salvage awards in

More information

ACC Houston Chapter Meeting

ACC Houston Chapter Meeting ACC Houston Chapter Meeting Indemnities and Insurance: Managing Risks Via Contracts in the Post-Macondo World April 9, 2013 Panelists Lisa Brown Managing Counsel, Oxy Permian Former outside counsel. Received

More information

CITY OF CLEVELAND LABORERS INTERNATIONAL UNION LOCAL 1099

CITY OF CLEVELAND LABORERS INTERNATIONAL UNION LOCAL 1099 [Cite as Cleveland v. Laborers Internatl. Union Local 1099, 2009-Ohio-6313.] Court of Appeals of Ohio EIGHTH APPELLATE DISTRICT COUNTY OF CUYAHOGA JOURNAL ENTRY AND OPINION No. 92983 CITY OF CLEVELAND

More information

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. Case Nos. 06-2262 and 06-2384 CON-WAY TRANSPORTATION SERVICES, INC. Appellant No.

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT. Case Nos. 06-2262 and 06-2384 CON-WAY TRANSPORTATION SERVICES, INC. Appellant No. UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Case Nos. 06-2262 and 06-2384 NOT PRECEDENTIAL CON-WAY TRANSPORTATION SERVICES, INC., Appellant No. 06-2262 v. REGSCAN, INC. CON-WAY TRANSPORTATION

More information

2015 IL App (1st) 141310-U. No. 1-14-1310 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT

2015 IL App (1st) 141310-U. No. 1-14-1310 IN THE APPELLATE COURT OF ILLINOIS FIRST JUDICIAL DISTRICT 2015 IL App (1st) 141310-U FIRST DIVISION October 5, 2015 No. 1-14-1310 NOTICE: This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances

More information

SHIP ARREST FOR SEAFARERS WAGES IN SINGAPORE

SHIP ARREST FOR SEAFARERS WAGES IN SINGAPORE SHIP ARREST FOR SEAFARERS WAGES IN SINGAPORE This Guide deals with the rights of seafarers of any nationality to arrest a ship for unpaid or underpaid wages in a port in Singapore. This document is not

More information

SEAFARER SUBJECT GUIDE

SEAFARER SUBJECT GUIDE USING LAWYERS IN SOUTH KOREA This Guide deals in general terms with using lawyers in South Korea. It aims to help a seafarer understand the legal profession in South Korea, and how to select, engage, and

More information

UNITED STATES COURT OF APPEALS TENTH CIRCUIT ORDER AND JUDGMENT* Before PHILLIPS, McKAY, and ANDERSON, Circuit Judges.

UNITED STATES COURT OF APPEALS TENTH CIRCUIT ORDER AND JUDGMENT* Before PHILLIPS, McKAY, and ANDERSON, Circuit Judges. FRANK DONALD WILLIAMS; DANIEL LARRY; DANIEL LABATO; JOSEPH STONE; STEPHANIE SLATER, Plaintiffs-Appellants, FILED United States Court of Appeals UNITED STATES COURT OF APPEALS Tenth Circuit TENTH CIRCUIT

More information

Case 3:14-mc-00009-B Document 9 Filed 06/09/14 Page 1 of 10 PageID 332 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Case 3:14-mc-00009-B Document 9 Filed 06/09/14 Page 1 of 10 PageID 332 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION Case 3:14-mc-00009-B Document 9 Filed 06/09/14 Page 1 of 10 PageID 332 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION BERKLEY REGIONAL INSURANCE COMPANY, Plaintiff, V. No.

More information

Case 5:14-cv-00141-XR Document 37 Filed 08/13/14 Page 1 of 7

Case 5:14-cv-00141-XR Document 37 Filed 08/13/14 Page 1 of 7 Case 5:14-cv-00141-XR Document 37 Filed 08/13/14 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION TAMMY FABIAN, v. Plaintiffs, CAROLYN COLVIN, Commissioner

More information

FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 15 FROM: CLERK OF SUPREME COURT OF LOUISIANA

FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 15 FROM: CLERK OF SUPREME COURT OF LOUISIANA FOR IMMEDIATE NEWS RELEASE NEWS RELEASE # 15 FROM: CLERK OF SUPREME COURT OF LOUISIANA The Opinions handed down on the 26th day of February, 2008, are as follows: PER CURIAM: 2007-CC-1091 FREY PLUMBING

More information

Third District Court of Appeal State of Florida, July Term, A.D. 2012

Third District Court of Appeal State of Florida, July Term, A.D. 2012 Third District Court of Appeal State of Florida, July Term, A.D. 2012 Opinion filed September 19, 2012. Not final until disposition of timely filed motion for rehearing. No. 3D12-353 Lower Tribunal No.

More information

United States Court of Appeals for the Federal Circuit

United States Court of Appeals for the Federal Circuit NOTE: This disposition is nonprecedential. United States Court of Appeals for the Federal Circuit YVONNE MURPHY HICKMAN, Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee 2015-5134 Appeal from the

More information

Case 2:10-md-02179-CJB-SS Document 14206 Filed 02/19/15 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA * * * * * * * *

Case 2:10-md-02179-CJB-SS Document 14206 Filed 02/19/15 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA * * * * * * * * Case 2:10-md-02179-CJB-SS Document 14206 Filed 02/19/15 Page 1 of 7 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA In re: Oil Spill by the Oil Rig Deepwater Horizon in the Gulf of Mexico, on

More information

Court of Appeals. First District of Texas

Court of Appeals. First District of Texas Opinion issued April 19, 2016 In The Court of Appeals For The First District of Texas NO. 01-15-00361-CV FREDDIE L. WALKER, Appellant V. RISSIE OWENS, PRESIDING OFFICER OF THE TEXAS BOARD OF PARDONS AND

More information

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MATTHEW PRICHARD, Plaintiff-Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY; IBM LONG TERM DISABILITY PLAN, Defendants-Appellees.

More information

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN. v. Case No. 14-mc-0052 DECISION AND ORDER

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN. v. Case No. 14-mc-0052 DECISION AND ORDER EEOC v. Union Pacific Railroad Company Doc. 13 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Petitioner, v. Case No. 14-mc-0052 UNION PACIFIC RAILROAD

More information

Case 3:14-cv-00137-AC Document 10 Filed 03/26/14 Page 1 of 14 Page ID#: 43

Case 3:14-cv-00137-AC Document 10 Filed 03/26/14 Page 1 of 14 Page ID#: 43 Case 3:14-cv-00137-AC Document 10 Filed 03/26/14 Page 1 of 14 Page ID#: 43 Calvin L. Keith, OSB No. 814368 CKeith@perkinscoie.com Sarah J. Crooks, OSB No. 971512 SCrooks@perkinscoie.com PERKINS COIE LLP

More information

Vacating a Judgment under Rule 60(b)(4): A Review of the Espinosa Decision

Vacating a Judgment under Rule 60(b)(4): A Review of the Espinosa Decision In This Issue Volume 7, Number 6 / June 2010 Vacating a Judgment under Rule 60(b)(4): A Review of the Espinosa Decision Tax Claims in Transnational Insolvencies: A "Revenue Rule" Approach ABI's 17th Annual

More information

Commercial Shipping and the Jones Act

Commercial Shipping and the Jones Act Commercial Shipping and the Jones Act William H. Armstrong Armstrong & Associates LLP 1 Kaiser Plaza, Suite 625 Oakland, CA 94612 (510) 433 1830 (510) 433 1836 [fax] bill.armstrong@armstrongetal.com William

More information

Forum Shopping and Limitations on Bankruptcy Court Jurisdiction

Forum Shopping and Limitations on Bankruptcy Court Jurisdiction Forum Shopping and Limitations on Bankruptcy Court Jurisdiction John D. Snethen Section Chief, Tax Litigation Office of the Attorney General of Indiana 1 Bankruptcy Background What is Forum Shopping? Taxpayer

More information

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CHRISTOPHER AYDEN BREWSTER, individually, Plaintiff-Appellant, v. SUN TRUST MORTGAGE, INC., Defendant, No. 12-56560 D.C. No. 3:12-cv-00448-

More information