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Admiralty Law
 
Odyssey Marine Exploration, Inc. v. The Unidentified, Shipwrecked Vessel or Vessels

Appellant Keith Bray (“Bray”) appeals the district court’s dismissal of his action for contract recision based on lack of subject matter jurisdiction. Because we conclude that Bray’s claim is cognizable in federal admiralty jurisdiction, 28 U.S.C. § 1333, we reverse and remand for further proceedings.

Bray, a citizen of Great Britain and researcher of sunken sea vessels, seeks reci... More...
   $0 (03-31-2011 - FL)

Tonya Helman v. Alcoa Global Fastners, Inc.

Appellants bring this interlocutory appeal challenging the district court’s grant of a motion to dismiss and a motion for judgment on the pleadings in Appellees’ favor based on its conclusion that Appellant’s state law claims are preempted by the Death on the High Seas Act (DOHSA). On September 16, 2009, we granted the petition for permission to appeal under 28 U.S.C. § 1292(b), giving us j... More...   $0 (03-19-2011 - CA)

Guy Turi v. Main Street Adoption Services, LLP

Main Street Adoption Services, LLP and two of its officers (collectively, Main Street), none of whom are residents of Michigan, have filed this interlocutory appeal challenging the district court’s conclusions that (1) it has personal jurisdiction over Main Street regarding the various claims of the

1

Michigan plaintiffs, (2) venue is proper in the Eastern District of Michigan, and... More...
   $0 (03-04-2011 - MI)

Niche Oilfield Services, LLC v. John Carter Jr.

Niche Oilfield Services, LLC appeals from a judgment in favor of John Carter, Jr. in connection with a negligence action based on injuries Carter sustained while cleaning a vessel in navigable waters. We affirm the trial court’s judgment.

Background

This appeal arises from an incident that occurred on March 13, 2006 while Carter was removing residue from a dry bulk tank on the sup... More...
   $0 (02-10-2011 - TX)

Larry Bowoto v. Chevron Corporation

This case arises from a violent episode that occurred on the Parabe oil platform nine miles off the coast of Nigeria in BOWOTO v. CHEVRON CORPORATION 13893 1998. The platform was operated by Chevron Nigeria Limited (“CNL”), a subsidiary of the world oil giant. On May 25, 1998, over 100 native Nigerians took over the Parabe platform to protest CNL’s destruction of the environment and refusal ... More...   $0 (09-20-2010 - CA)

Augustin Uralde v. United States of America

Augustin Uralde sued the United States on behalf of himself and of the estate of his deceased wife, Anay. Uralde alleges his wife died as a result of the Coast Guard’s failure to provide her access to timely medical treatment after she was injured during the Coast Guard’s interdiction of their vessel. The district court found that to bring his claims against the United States, Uralde had to me... More...   $0 (08-19-2010 - FL)

Sharin S. Anderson v. Alyeska Pipeline Service Co.

An employee of Doyon Universal Services sustained a head injury while working at a pipeline pump station. She applied for and received workers’ compensation benefits for the injury. She also brought a tort suit against Alyeska Pipeline Service Company, the operator of the pipeline pump station, alleging that its negligence was a proximate cause of her injuries. Alyeska sought summary judgment in... More...   $0 (07-23-2010 - AK)

ProShipLine, Inc. v. Aspen Infrastructures, Ltd., et al.

Plaintiffs-appellants ProShipLine, Inc. and EP-Team, Inc. appeal from two district court decisions in favor of defendantappellee Aspen Infrastructures Ltd. Both decisions involve a writ of maritime attachment that ProShipLine and EP-Team obtained against Aspen pursuant to Rule B of the Supplemental Rules for Certain Admiralty and Maritime Claims to the Federal Rules of Civil Procedure (“Rule B... More...   $0 (06-08-2010 - WA)

Jose A. Valencia, et al. v. Peter Michael Smyth, et al.

The California Association of Realtors publishes and periodically revises a standard form residential purchase agreement commonly used in California. The agreement contains an arbitration provision. We previously interpreted the October 2000 version of the agreement, concluding that, under the California Arbitration Act (CAA) (Code Civ. Proc., §§ 1280–1294.2), the trial court had the authority... More...   $0 (06-02-2010 - CA)

Diamond Offshore Management Co. v. Jonathan Cummings

Appellants, Diamond Offshore Management Company and Diamond Offshore Services Company (together, “the Diamond parties”), appeal from a judgment, rendered after a bench trial, in an admiralty case. We determine whether the trial court’s award of future maintenance and cure to appellee, Jonathan Cummings, was in clear error. We reverse that portion of the judgment awarding cure, we affirm th... More...   $0 (04-22-2010 - TX)

Frederick J. Harrington, Jr. v. Atlantic Sounding Co., Inc.

Plaintiff-Appellee Frederick J. Harrington, Jr., 31 (“Harrington”) filed this action in the United States District 32 Court for the Eastern District of New York (Nina Gershon, 33 Judge), against Defendants-Appellants Atlantic Sounding Co., 34 Inc., Weeks Marine, Inc. (Atlantic Sounding’s corporate parent), 35 and the vessel MV CANDACE (collectively, “Defendants”) pursuant -3- 1 to the Jo... More...   $0 (04-16-2010 - NY)

Marek Borkowski v. F/V Madison Kate

The appellants in this maritime matter are three commercial fishermen who served aboard the F/V Madison Kate on a fishing voyage from Stonington, Connecticut in March 2006. Contrary to the requirements of federal maritime law, there was no written agreement memorializing the terms of appellants' employment. Upon return to port, each of the fishermen and the other crew members was paid a portion of... More...   $0 (03-23-2010 - MA)

Powershare, Inc. v. Syntel, Inc.

Two corporations, one based in Massachusetts, and the other in Michigan, entered into a business arrangement (the Agreement). After a falling-out, one of the contracting parties, PowerShare, Inc., commenced a civil action in the district court to enforce the Agreement. The defendant, Syntel, Inc., countered by instituting a parallel arbitration proceeding and moving to stay litigation pending arbi... More...   $0 (03-01-2010 - MA)

Bessemer & Lake Erie Railroad v. Seaway Marine Transport

When the Enterprise, a large cargo ship, positioned itself to receive a load of coal on the shores of Lake Erie, it struck a land-based coal-loading machine operated by Bessemer & Lake Erie Railroad Company and The Pittsburgh & Conneaut Dock Company. Bessemer and its affiliate filed this admiralty action against the Enterprise and its owners and operators, Seaway Marine Transport, Upper Lakes Ship... More...   $0 (02-25-2010 - OH)

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)

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