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Admiralty Law
 
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)

Alexis Holyweek v. Rio Tinto, PLC

This is an Alien Tort Statute (ATS) case arising out of the operations of Rio Tinto mining group (Rio Tinto) on the island of Bougainville in Papua New Guinea (PNG) and the uprising against Rio Tinto in the late 1980’s that resulted in the use of military force and many deaths. The Plaintiffs are current or former residents of the island of Bougainville. The ATS provides that “district courts ... More...   $0 (10-25-2011 - CA)

Michael Channette v. Neches Gulf Marine

Neches Gulf Marine, Inc. and the M/V GOLIAD appeal the district court’s grant of summary judgment in favor of Seneca Resources Corporation. Because Seneca Resources Corporation has no duty to indemnify, we AFFIRM.

FACTS AND PROCEDURAL HISTORY

This case arises from a personal injury action filed by Michael Channette against Evans Operating, LLP, Neches Gulf Marine, Inc., and the M/V... More...
   $0 (08-08-2011 - LA)

Annett Holdings, Inc. v. Kum & Co., L.C.

A dishonest employee of a trucking company put money in his pocket while claiming to be buying fuel for his fellow employees. This fraud was perpetrated at a truck stop, where the employee used his company credit card to obtain cash while reporting purchases of fuel. The truck stop paid out the cash, accepting the employee’s bogus explanation that the money was for other employees’ fuel purcha... More...   $0 (07-08-2011 - IA)

Curtis Oswalt v. Resolute Industries, Inc.

In this admiralty case, Resolute Industries, Inc., appeals an adverse summary judgment on its products liability claims against Webasto Products NA, Inc., the manufacturer of a heater that caught fire on Curtis Oswalt’s boat during repairs performed by Resolute’s employee. Resolute also challenges a judgment in Oswalt’s favor on his claim against Resolute for breach of the implied warranty o... More...   $0 (06-16-2011 - WA)

Vernon J. Leftridge, Jr. v. Connecticut State Trooper Officer #1283

Plaintiff pro se Vernon J. Leftridge, Jr., who commenced 3 the present action pursuant to 42 U. S. C. § 1983 and state law 4 against defendants Connecticut State Trooper #1283 ("Trooper 1283" 5 or "the Trooper") and various agencies of the State of Connecticut 6 (the "State"), appeals from a July 2, 2009 order of the United 7 States District Court for the District of Connecticut, Vanessa L. 8 9 1... More...   $0 (05-12-2011 - CT)

Vernon J. Leftridge v. Connecticut State Trooper Officers $1283

Plaintiff pro se Vernon J. Leftridge, Jr., who commenced
3 the present action pursuant to 42 U. S. C. § 1983 and state law
4 against defendants Connecticut State Trooper #1283 ("Trooper 1283"
5 or "the Trooper") and various agencies of the State of Connecticut
6 (the "State"), appeals from a July 2, 2009 order of the United
7 States District Court for the District of Connectic... More...
   $0 (05-12-2011 - CT)

Oswaldo Enrique Tobarl v. United States of America

Plaintiffs are Ecuadorian crew members of a fishing boat. The United States Coast Guard saw their boat in international waters near the Galapagos Islands and suspected it of involvement with smuggling drugs. The Coast Guard stopped Plaintiffs’ boat and boarded it. Tests performed on the vessel yielded suspicious but inconclusive results and, with the consent of the Ecuadorian government, the Coa... More...   $0 (04-29-2011 - )

Robert Punsky v. Clay County Board of County Commissioners and Scibal Associates

In this workers’ compensation appeal, claimant seeks review of an award of prevailing-party costs to the employer and carrier, contending that: (1) the judge of compensation claims erred in awarding costs totaling $8,992.93 because, to the extent the employer and carrier are entitled to costs at all, the award may not exceed $250 in cases where they prevail on the issue of compensability; and (2... More...   $0 (03-31-2011 - FL)

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)

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