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Admiralty Law
 
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 Butlersâ... 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)

MISSION BAY JET SPORTS, LLC, v. HALEY COLOMBO; JESSICA SLAGEL

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.

I. FACTS
<... More...
   $0 (01-12-2009 - TX)

Visible Systems Corporation v. Unisys Corporation

A jury awarded Visible Systems Corporation ("VSC") trademark infringement damages of $250,000 against Unisys Corporation on a reverse confusion claim. See 15 U.S.C. § 1125(a). The district court also issued a permanent injunction prohibiting Unisys from using the trademarks or service marks 3D VISIBLE ENTERPRISE, 3D-VE, or VISIBLE in the United States in the enterprise modeling or enterprise arch... More...   $250000 (12-23-2008 - MA)

Visible Systems Corporation v. Unisys Corporation

A jury awarded Visible Systems Corporation ("VSC") trademark infringement damages of $250,000 against Unisys Corporation on a reverse confusion claim. See 15 U.S.C. § 1125(a). The district court also issued a permanent injunction prohibiting Unisys from using the trademarks or service marks 3D VISIBLE ENTERPRISE, 3D-VE, or VISIBLE in the United States in the enterprise modeling or enterprise arch... More...   $0 (12-23-2008 - MA)

RIVER RIDERS, INC., and MATTHEW KNOTT, Petitioners V. THE HONORABLE THOMAS W. STEPTOE, ALL PLAINTIFFS IN THE CHRISTOPHER et al v. RIVER RIDERS, INC., CIVIL ACTION NO. 06-C-328, AND ALL PLAINTIFFS IN FREEMAN CIVIL ACTION NO. 06-C-325, Respondents

Petitioners, River Riders, Inc. and Matthew Knott, seek a writ of prohibition to vacate three pre-trial orders of the Circuit Court of Jefferson County that (1) excluded from the forthcoming trial the Release and Assumption of Risk Agreements that had been signed by fourteen plaintiffs prior to embarking on a whitewater rafting expedition provided by the Petitioners; (2) ruled that the rafting in... More...   $0 (12-10-2008 - WV)

Michael Rogers, et al. v. Royal Caribbean Cruise Line; M/V Monarch of the Seas

Michael Rogers and Hulya Kar appeal the district court’s order granting their employer’s motion to compel arbitration. They argue that federal statutes exempt their employment contracts from the scope of Title 9 of the United States Code. We conclude that their employment contracts are “considered as commercial” under Title 9. Therefore, we hold that the arbitration provisions contained in... More...   $0 (11-07-2008 - CA)

Rexroth Hydraudyne, B.V. v. Ocean World Lines, Inc., Cocsco North America, Inc., Cosco Americas, Inc. and Cosco Container Lines Americas, Inc.

Two years ago this Court examined the interplay of two federal statutes that govern the
12 transport of goods from foreign shores to inland delivery points in the United States. See Sompo
13 Japan Ins. Co. of Am. v. Union Pac. R.R., 456 F.3d 54 (2d Cir. 2006). We concluded that, when
14 a rail carrier is charged with damage to the shipment, its liability is defined by the Carmack
1... More...
   $0 (11-06-2008 - NY)

Leroy Johnson v. Cenac Towing, Inc.

Leroy Johnson (“Johnson”) sustained injuries while working as a seaman for Cenac Towing, Inc. (“Cenac”). He sued Cenac in federal court for negligence under the Jones Act, unseaworthiness, and maintenance and cure benefits. Following a bench trial, the district court denied maintenance and cure because Johnson willfully concealed his preexisting physical problems from Cenac, but the court ... More...   $0 (10-24-2008 - LA)

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