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Admiralty Law
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)

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)

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