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Admiralty Law
 
Sara Michaelle Simmons v. Chad Ware

Chad Ware appeals from the judgment entered against him in this maritime wrongful death action. Ware owned a vessel that was being used for a live-on-board marine education program for students. The decedent, an adult chaperone on the trip, drowned while ―free-diving‖ during a daytime excursion off of the ship conducted by the operators of the educational program. The jury returned a special v... More...   $0 (02-13-2013 - CA)

Fish Tale Sales & Services, Inc. v. William Nice

Fish Tale Sales and Service, Inc., petitions for certiorari review of an order denying its motion to file a third-party complaint in the underlying action. Because we conclude that the circuit court departed from the essential requirements of the law in denying Fish Tale's motion, resulting in material harm that cannot be remedied on plenary appeal, we grant the petition and quash the order on rev... More...   $0 (02-01-2013 - FL)

Francis Barker, jr. v. Hercules Offshore, Inc.

After watching his friend and co-worker die as a result of an accident on a jack-up rig attached to the Outer Continental Shelf (“OCS”), Francis Barker filed suit in Texas state court seeking relief under general maritime law, the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), and Texas tort law. The District Court for the Southern District of Texas denied Barker’s motion fo... More...   $0 (02-01-2013 - TX)

List Industries, Inc. v. Phiteau Dalien

In this worker’s compensation immunity case, an employer appeals a $2.7 million jury verdict and final judgment in favor of an employee who suffered an amputation of a significant portion of his dominant hand while operating a piece of machinery. The accident occurred on August 23, 2005, and is controlled by section 440.11(1)(b)(2), Florida Statutes (2005).

List Industries, Inc., the empl... More...
   $0 (01-23-2013 - FL)

Fane Lozman v. the City of Riviera Beach

The Rules of Construction Act defines a “vessel” as in- cluding “every description of watercraft or other artificialcontrivance used, or capable of being used, as a means of transportation on water.” 1 U. S. C. §3. The question beforeus is whether petitioner’s floating home (which is not selfpropelled) falls within the terms of that definition.
In answering that question we focus pr... More...
   $0 (01-15-2013 - GA)

Bashe Abdi Yousuf v. Mohamed Ali Samantar

For the second time in this case, we are presented with the question of whether Appellant Mohamed Ali Samantar enjoys immunity from suit under the Torture Victim Protection Act of 1991 ("TVPA"), see Pub. L. 102-256, 106 Stat. 73 (1992), 28 U.S.C. § 1350 note, and the Alien Tort Statute ("ATS"), see 28 U.S.C. § 1350. In the previous appeal, we rejected Samantar’s claim to statutory immunity und... More...   $0 (11-02-2012 - VA)

Tinna Dilts v. United Group Services,LLC

Tinna Dilts, as ancillary administratrix of the Estate of Rickie Dilts, and Sandi Neace, as administratrix of the Estate of Matthew Collins, brought a wrongful death action against Defendants Maxim Crane Works, L.P., United Group Services, LLC, North American Stainless Steel, and Siemens Industry, Inc. The district court granted summary judgment to all three Defendants. Dilts argues on appeal that... More...   $0 (09-18-2012 - KY)

Aida Ester Chaparro v. Carnival Corporation

Appellants Ceferino Perez and Aida Esther Chaparro, individually and as the personal representatives of the estate of their daughter, Liz Marie Perez Chaparro (“Liz Marie”), and Amilkar Perez Chaparro (collectively “Appellants”) appeal the district court’s Rule 12(b)(6) dismissal of their complaint against Appellee, Carnival Corporation (“Carnival”), for negligence and negligent infl... More...   $0 (09-05-2012 - OK)

Specialized Freight Forwarders v. Dragone Classic Motorcars, Inc.

The defendant, Dragone Classic Motorcars, Inc., appeals from the judgment of the trial court in favor of the plaintiff, Specialized Freight Forwarders. On appeal, the defendant claims that the court (1) did not have subject matter jurisdiction over the case, (2) improperly determined that the plaintiff could recover against the defendant for shipping costs despite the fact that the term ‘‘frei... More...   $0 (08-27-2012 - CT)

Royal Caribbean Cruises, Ltd. v. Byron Cox

Royal Caribbean Cruises Ltd. (“RCCL”) appeals an order awarding seaman Byron Cox (“Cox”) attorney’s fees pursuant to Florida’s offer of judgment statute, section 768.79, Florida Statutes (1997), following a jury verdict in his favor in an admiralty case. We are compelled to affirm based on the authority of Royal Caribbean Corp. v. Modesto, 614 So. 2d 517 (Fla. 3d DCA 1992).

I FA... More...
   $0 (08-22-2012 - FL)

Richard Messier v. Bouchard Transportation

Plaintiff-Appellant Richard Messier, a seaman, contracted lymphoma and sued his former employer, Defendant-Appellee Bouchard Transportation Co., Inc. (“Bouchard”), seeking maintenance and cure.1 Undisputed evidence establishes that Messier had lymphoma during his maritime service. But it is also undisputed the disease did not present any symptoms at all until after his service. After concludin... More...   $0 (07-20-2012 - NY)

The Kansas City Southern Railway Company v. Ronald K. Oney

Appellee, Ronald K. Oney, Individually and as Representative of the Estate of Daniel D. Oney, brought a claim under the Federal Employers’ Liability Act (“FELA”) against The Kansas City Southern Railway Company (“KCSR”). KCSR filed a motion to dismiss based on appellee’s failure to serve medical reports under Chapter 90 of the Texas Civil Practice and Remedies Code.1 The multidistrict ... More...   $0 (07-19-2012 - TX)

King Fisher Marine Service, L.P. v. Jose H. Tamez

This appeal is from a trial court judgment awarding appellee, Jose H. Tamez, damages against appellant, King Fisher Marine Service, L.P. ("King Fisher") in a case involving Jones Act, unseaworthiness, and maintenance and cure claims. On appeal, King Fisher claims that: (1) there is legally and factually insufficient evidence to support finding that Tamez was acting under specific orders at the tim... More...   $0 (05-31-2012 - TX)

Marquette Transportation Company Gulf-Inland, LLC v. Lorne Jackson

Lorne Jackson, appellee, sued the appellant, Marquette Transportation Company Gulf-Inland, LLC (“Marquette”), under the Jones Act for personal injuries he sustained while employed on one of Marquette’s vessels. Following a bench trial, the trial court entered judgment in Jackson’s favor. In three issues, Marquette argues that (1) the evidence and findings of fact do not support the concl... More...   $0 (04-26-2012 - TX)

Sobrino-Barrera v. Anderson Shipping Co., Ltd.

Sobrino-Barrera sued Anderson Shipping Co., Ltd., Oldendorff Carriers GMBH & Co KG and SOCOGEM SAM on admiralty personal injuries theories.... More...   $0 (03-15-2012 - TX)

Santos Guevara v. Maersk, Inc.

Santos Guevara sued Maersk, Inc. on an admiralty law theory (Jones Act) claiming to have been injured as a result of some act, error or omission by Defendant.... More...   $0 (03-12-2012 - TX)

Eugene J Billiot v. Cajun Cutters, Inc.

Eugene J Billiot sued Cajun Cutters, Inc. on an admiralty law theory.... More...   $0 (03-06-2012 - TX)

Jimmie Brown v. V8 Stealth

Jimmie Brown sued V8 Stealth, Mayhem Crude Inc. and Navig8 Shipmanagement Pte Ltd. on admiralty law theories.... More...   $0 (03-06-2012 - TX)

John Crane, Inc. v. Margaret Diane Hardick

Among the several issues we address in this appeal is whether the Circuit Court of the City of Newport News ("trial court") erred when it permitted the jury to award nonpecuniary damages in a wrongful death action of a Navy sailor for asbestos exposure that occurred both in territorial waters and on the high seas.

I. Facts and Proceedings Below

Robert Eugene Hardick ("Hardick") filed... More...
   $5977482 (03-02-2012 - va)

Ingrid Fisher v. Halliburton

This interlocutory appeal arises out of the deaths of Steven Fisher and Timothy Bell, who were civilian drivers in a United States military supply-truck convoy in Iraq when insurgents attacked in April 2004. State tort claims were brought by or on behalf of spouses and family members of the decedents (collectively Plaintiffs) against Halliburton, Kellogg Brown & Root, Inc., and various subsidiarie... More...   $0 (01-17-2012 - TX)

Scott David v. David Hett

This dispute questions whether the economic loss doctrine, which began as a prohibition against certain product liability actions, extends to tort claims brought by homeowners against residential service contractors for poor workmanship. The district court and Court of Appeals applied the doctrine and dismissed the homeowners' negligence theories. But we hold the doctrine should not apply. Our exi... More...   $0 (12-30-2011 - KS)

F.C. Maritime v. United States of America

This appeal arises out of a case involving an allision between a United States Army Corps of Engineers ("USACE") vessel and a private yacht, the Marquessa, owned by F.C. Wheat Maritime Corp. ("Wheat Maritime") and operated by its parent company Wheat International Communications Corp. ("Wheat International"). Wheat Maritime and Wheat International (collectively, "Appellants") brought suit against... More...   $0 (12-15-2011 - VA)

Charles H. Dise v. Express Marine

Appellant Charles H. Dise (“Dise”) filed this maritime action to recover for injuries he sustained when a skiff piloted by him and owned by his employer, Appellee Express Marine, Inc. (“EMI”), allided with a bridge piling, and as a result of allegedly negligent medical treatment he received at the University of South Alabama Medical Center (“USA Medical”) in the wake of the allision. D... More...   $0 (11-17-2011 - AL)

Bernard D. Boroski v. Dyncorp Internation

This is a case of statutory construction. The question presented by this appeal under the Longshore and Harbor Workers’ Compensation Act (the “LHWCA” or the “Act”), as amended, 33 U.S.C. §§ 901-950 (2006), is which date — the date on which disability occurred, or the date on which the injured employee was awarded benefits for such disability — determines the maximum weekly rate of ... More...   $0 (11-16-2011 - FL)

Bernard D. Boroski v. Dyncorp International

This is a case of statutory construction. The question presented by this appeal under the Longshore and Harbor Workers’ Compensation Act (the “LHWCA” or the “Act”), as amended, 33 U.S.C. §§ 901-950 (2006), is which date — the date on which disability occurred, or the date on which the injured employee was awarded benefits for such disability — determines the maximum weekly rate of ... More...   $0 (10-27-2011 - FL)

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