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Admiralty Law
Cianbro Corporation v. George H. Dean

We are called upon to determine whether an in rem maritime lien should be allowed against the vessels BENNO C. SCHMIDT and ENERGY SERVICE 9001 ("the Vessels") in favor of Defendant-Appellant George H. Dean, Inc., d/b/a Dean Steel ("Dean Steel"). This claim is challenged by Plaintiff-Appellee Cianbro Corporation ("Cianbro"), and Plaintiff-Intervenors Hornbeck Offshore Services and Hornbeck Offshor... More...   $0 (02-22-2010 - MA)

Flagstaff Affordable Housing Limited Partnership v. Design Alliance, Inc.

¶ 1 The “economic loss doctrine” bars plaintiffs, in certain circumstances, from recovering economic damages in tort. This Court has previously applied the doctrine only to products liability claims. Today we apply the doctrine in a construction defect case and hold that a property owner is limited to its contractual remedies when an architect’s negligent design causes economic loss but no ... More...   $0 (02-17-2010 - AZ)

Proshiplilne, Inc. v. Aspen Infrastructures, Ltd.

The litigants’ legal relationship formally began on April 9, 2006, when EP-Team1 and Aspen2 entered into the Sales and Logistics Services Agreement. Under the Agreement, ProShipLine, 3 as EP-Team’s designated agent and assignee, agreed 1EP-Team is incorporated in Delaware. EP-Team is a consulting and management enterprise that works with companies across a variety of business sectors.

... More...
   $0 (02-05-2010 - WA)

Shirley A. Graham v. Hartord Life & Accident Insurance Company

Plaintiff-Appellant Shirley Graham appeals the district court’s adjudication of her claim for disability benefits under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001-1461. She raises three issues on appeal: (1) whether the district court properly determined that her disability benefits plan with Defendant-Appellee Hartford Life & Accident Insurance Co. (“Hart... More...   $0 (12-29-2009 - OK)

Schering-Plough Healthcare Products, Inc. v. Schwarz Pharma, Inc. and Kremers Urban, LLC

The parties to this Lanham Act suit are manufacturers of an oral laxative the chemical name of which is polyethylene glycol 3350. Schering, the plaintiff, sells its version under the trade name “MiraLAX.” MiraLAX is an over-the-counter drug. The four defendants sell the generic version of the drug under its chemical name (except that defendants Kremers and Schwarz also use the name “GlycoLax... More...   $0 (10-29-2009 - )

Century Indemnity Company v. Certain Underwriters at Lloyd's, London

This matter comes on before this Court on an appeal by
appellant Century Indemnity Company (“Century”) from two
orders of the District Court, one entered May 18, 2006,
granting a motion of appellee Certain Underwriters at
Lloyd’s, London (“Lloyd’s”) to compel arbitration of a
disputed claim based on a set of reinsurance-of-reinsurance
agreements, and one entered... More...
   $0 (10-23-2009 - )

Romeo Balen v. Holland America Line, Inc.

Romeo Balen, individually and on behalf of those similarly situated, appeals the district court’s order granting Holland America Line Inc.’s (“HAL”) motion to compel arbitration. Balen contends that his claims cannot be resolved through arbitration, because (1) United States law does not permit the arbitration of claims brought under the Seamen’s Wage Act, 46 U.S.C. § 10313 (“Wage Act... More...   $0 (10-02-2009 - WA)

Gillian B. Loya v. Starwood Hotels & Resorts Worldwide, Inc. d/b/a West Hotel Company

This appeal involves applicability of the doctrine of forum non conveniens to claims arising out of the death of a Washington resident while scuba diving off the coast of Mexico on an expedition arranged by the resort at which he was staying in Cabo San Lucas. In particular, it poses the question whether a claim implicating the Death on the High Seas Act (DOHSA), 46 U.S.C. § 30301 et seq., is sub... More...   $0 (10-02-2009 - WA)

APL Company PTE, Ltd. v. UK Aerosols, Ltd.

U.G. Co., Inc. (U.G.) and Kamdar Global LLC (Kamdar) appeal from the district court’s summary judgment in favor of APL Co. Pte. Ltd. (APL), based on the district court’s holding APL CO. PTE. LTD. v. U.G. CO., INC. 13675 that U.G. and Kamdar have indemnification obligations to APL under the parties’ bill of lading. APL appeals from the district court’s denial of its motion for attorneys’ ... More...   $0 (09-22-2009 - CA)

Chritopher MacDonald v. Kahikolu, Ltd.

For a second time, plaintiff Christopher MacDonald appeals the district court’s judgment after a bench trial in his Jones Act suit against defendant Kahikolu, Ltd. MacDonald worked as a crew member aboard one of Kahikolu’s ships and was injured while performing a “free dive,” an underwater dive done on a single breath without scuba equipment or other underwater breathing apparatus. In a pr... More...   $0 (09-10-2009 - HI)

Northern Insurance Company of New York v. Point Judith Marina, Inc.

After a bench trial, the district court entered judgment for defendant Point Judith Marina ("PJM") on claims for damages by plaintiff Nicholas Picchione and subrogee-plaintiff Northern Insurance Company of New York ("Northern"). The claims arose as a result of the sudden sinking of a recreational boat ("Eveready") owned by Northern's insured, Picchione. The district court also rejected PJM's count... More...   $0 (08-27-2009 - RI)

James L. Butler, Jr. v. Sukhoi Company, et al.

Sukhoi Company (“Sukhoi”), United Aircraft Manufacturing Corporation (“UAC”), Irkut Corporation (“Irkut”), Sukhoi Civil Aircraft (“SCA”), and The Russian Federation (“Russia”) (collectively, “appellants”) appeal the order of the district court denying their motion to dismiss the complaint filed by appellees James Butler and his wife, Bari Butler (hereinafter “the Butlers... More...   $0 (08-19-2009 - FL)

Upper Skagit Tribe v. State of Washington

In 1850s, the United States signed a series of treaties with the tribes1 of the Pacific Northwest.2 In the treaties, “[t]he Tribes ceded their aboriginal lands to the United States for settlement, receiving in exchange exclusive title to defined lands, free medical care, schools, occupational training, and annuity payments.”3

The treaties also reserved to the Tribes the “right of taki... More...
   $0 (08-08-2009 - WA)

Jameson Cooper v. Meridian Yachts, Ltd., et al.

This case concerns an injury to a sea captain and the subsequent settlement of his claims by the third-party plaintiffs. The present appeal arises out of the third-party plaintiffs' attempt to recover the sums paid to settle the maritime personal injury action. Specifically, the third-party plaintiffs seek indemnity, contribution and equitable subrogation from the third-party defendants, who alleg... More...   $0 (07-21-2009 - FL)

Indemnity Insurance Company of North America, et al. v. United States of America

The present civil action stems from the capsizing in the Baltimore Harbor of a double-pontoon vessel called the "Lady D," resulting in the death of five persons thrown overboard and numerous injuries to others on board (the Accident). Prior to the Accident, the United States Coast Guard (the Coast Guard) had certified the Lady D to carry no more than twenty-five persons, based upon the results of ... More...   $0 (06-25-2009 - MD)

Atlantic Sounding Co., Inc., et al. v. Edgar L. Townsend

The question presented by this case is whether an in-jured seaman may recover punitive damages for his employer’s willful failure to pay maintenance and cure.Petitioners argue that under Miles v. Apex Marine Corp., 498 U. S. 19 (1990), seamen may recover only those dam-ages available under the Jones Act, 46 U. S. C. §30104.We disagree. Historically, punitive damages have beenavailable and award... More...   $0 (06-25-2009 - DC)


We must decide whether admiralty jurisdiction exists over tort claims by two women who were seriously injured when thrown off a jet-propelled Sea-Doo personal watercraft, allegedly operated negligently, on navigable waters in an area of San Diego’s Mission Bay that is reserved for the use of such vessels. The district court thought not, but we believe both the location of the accident and its co... More...   $0 (06-24-2009 - CA)

Herbert B. Pretus, Jr. v. Diamond Offshore Drilling, Inc., et al.

On September 6, 2006, Plaintiff Herbert B. Pretus, Jr. (“Pretus”) sued his employer, Diamond Offshore Drilling Inc., and related entities (collectively, “Diamond”), after being diagnosed in early 2005 with a lung disorder allegedly arising out of his employment on the OCEAN CONFIDENCE and other movable ocean rigs owned by Diamond. Diamond filed a motion for partial summary judgment in whic... More...   $0 (06-12-2009 - TX)

William A. Graham Company d/b/a The Graham Company v. Thomas P. Haughey; USI Midatlantic, Inc.

We face an issue of first impression for this court–whether the discovery rule or the injury rule governs the accrual of claims under the Copyright Act, which has a threeyear statute of limitations for civil actions, 17 U.S.C. § 507(b).

Under the injury rule, a claim accrues, and the statute of limitations begins to run, when the plaintiff suffers a legally cognizable injury. Therefore... More...
   $0 (06-05-2009 - PA)

Lexington Insurance Company v. S.H.R.M. Catering Services, Inc. a/k/a Eurest Support Services

Eurest provides catering and janitorial services for offshore rigs. Wells, a Eurest employee, was assigned to work as a cook on the M/V OCEAN LEXINGTON, a semisubmersible drilling rig owned and operated by Diamond Offshore Drilling Services, Inc. (Diamond). Wells was injured on two separate occasions while working aboard the OCEAN LEXINGTON, once after she slipped and fell in wet wax in a hallway ... More...   $0 (05-05-2009 - tx)

Royal Insurance Company of America v. KSI Trading Corporation; Astro Automotive, Inc.

This appeal calls for the interpretation of a Marine Open Cargo insurance policy (the Policy) entered into by KSI Trading Corporation (KSI) and Royal Insurance Company of America (Royal). A fire occurred at one of KSI’s warehouses, and KSI filed a reimbursement claim with Royal for the full extent of its loss pursuant to a Warehouse Storage Insurance section of the Policy. Royal disclaimed cover... More...   $0 (04-16-2009 - NJ)

Michael Littleton v. Brandon McNeely

This case arises from the collision of two boats on the Lake of the Ozarks on June 19, 2005. One boat was driven and occupied by Brandon McNeely (McNeely). The other boat was owned by Robert Smedley and occupied by Robert Smedley, Michael Littleton, and their wives, Lisa Smedley and Gerri Littleton. A jury found McNeely 45% at fault for the collision and Michael Littleton, who had been driving Rob... More...   $0 (04-09-2009 - MO)

Jesse Hurd v. American River Transportation Co.; Kenny Welch

Plaintiff-appellant Jesse Hurd appeals the district court’s “Order of Judgment and the Order Denying Motion for Judgment as a Matter of Law, In the Alternative, Motion for New Trial and Motion for Additeur [sic] of the Plaintiff’s [D]amages.”1 The defendants-appellees cross-appeal arguing that the trial court erred: 1) in ruling defendant Welch was negligent as a matter of law; 2) in makin... More...   $0 (01-15-2009 - TN)

ZRZ Realty Company v. Beneficial Fire and Casualty Insurance Company and Prudential Assurance Company, Ltd.

Plaintiffs (collectively, Zidell) and defendants (collectively, London) petition this court to reconsider its decision in this case. ZRZ Realty v. Beneficial Fire and Casualty Ins., 222 Or App 453, 194 P3d 167 (2008). We deny Zidell's petition without discussion, but allow London's petition in order to modify two aspects of our original decision.

Our decision in this case resolved, among o... More...
   $0 (01-14-2009 - OR)

Ondimar Transportes Maritimos, LTDA v. Beatty Street Properties, Inc., et al.

Plaintiffs-Appellants Ondimar Transportes Maritimos LTDA and Ibaizabal Management Services SL (collectively, “Ondimar”) appeal from the district court’s partial summary judgment dismissing Ondimar’s assigned tort claim against Defendants-Appellees Beatty Street Properties, Inc. and M/V Bayou City (collectively, “Beatty”). For the reasons set forth below, we affirm.

<... More...
   $0 (01-12-2009 - TX)

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