Admiralty Law
 
United States of America v. Jantran, Inc.

The Miss Dixie is a cargo line boat operated by Jantran, a company
involved in maritime transportation on the Verdigris River in Oklahoma. While
operating on the river, the Miss Dixie struck and extensively damaged a lock
maintained by the Army Corps of Engineers. After repairing the lock, the Corps
sued Jantran for the costs of repair.
One would think such a suit would be a ro... More...
   $0 (04-09-2015 - OK)

Leticia Morales v. Zenith Insurance Company

In a breach of contract action brought by the estate of a deceased employee against his employer’s workers’ compensation and employer liability insurance carrier, the United States Court of Appeals for the Eleventh Circuit certified the following questions of Florida law:1
(1) DOES THE ESTATE HAVE STANDING TO BRING ITS BREACH OF CONTRACT CLAIM AGAINST ZENITH UNDER THE EMPLOYER LIABILITY PO... More...
   $0 (12-04-2014 - FL)

Helix Energy Solutions Group, Inc. v. Matthew Howard

In this case concerning a seaman’s entitlement to payments for maintenance and cure, his employer argues that the trial court erred in granting the seaman’s motion to compel such payments. We agree that the order is a temporary injunction and that it does not comply with Texas Rule of Civil Procedure 683. We therefore declare the order void, dissolve it, and remand the case to the trial
2<... More...
   $0 (11-13-2014 - TX)

Haley Colombo v. BRP US, Inc.

Defendants and appellants Bombardier Recreational Products, Inc. and BRP US Inc. (collectively BRP) appeal a jury verdict in favor of plaintiffs and respondents Haley Colombo and Jessica Slagel (hereafter referred to individually by first name or
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collectively as plaintiffs). Because plaintiffs were not wearing a wetsuit bottom or similar protective clothing, Haley sustained serious and p... More...
   $0 (10-30-2014 - CA)

VMS, Inc. a/k/a VMS Maintenance Systems, Inc. v. Elvis Alfonso

VMS, Inc. appeals from a partial summary judgment determining that it was
estopped from asserting workers’ compensation immunity to bar an action
sounding in negligence brought by the employee of a sub-subcontractor. Because
VMS secured the payment of compensation required by statute, we find that VMS
is not estopped from asserting such immunity and reverse.
As pertinent here... More...
   $0 (09-24-2014 - FL)

Santos Ramirez v. Carolina Dream, Inc.

Appellant Santos Ramirez, a
seaman, became ill while working aboard a fishing vessel and was
immediately hospitalized when he returned to shore. Shortly
thereafter, he was diagnosed with aplastic anemia, a serious blood
condition that prevented him from returning to work as a seaman. He
subsequently brought this personal injury action against his
employer, seeking a remedy ... More...
   $0 (07-28-2014 - MA)

United States of America v. Sergio Velazquez

We consider whether the right to a speedy trial guaranteed in the Sixth Amendment is violated when, after an initial effort to apprehend the defendant, the government’s effort for nearly five years consists only of running the defendant’s name a handful of times through the National Crime Information Center (“NCIC”) database, despite other available leads. Although the authorities in this ... More...   $0 (04-14-2014 - )

Royal Caribbean Cruises, Ltd. v. Byron Cox

Royal Caribbean Cruises, Ltd. (“RCCL”) appeals an order awarding seaman Byron Cox attorney’s fees pursuant to Florida’s offer of judgment statute, section 768.79, Florida Statutes (1997), following a jury verdict in his favor in an admiralty case. On August 22, 2012, we affirmed the order awarding fees, relying on Royal Caribbean Corp. v. Modesto, 614 So. 2d 517 (Fla. 3d DCA 1992). RCCL se... More...   $0 (04-09-2014 - FL)

George H. Barlow v. Liberty Maritime Corp.

George Barlow started going to sea as a deck hand in 1974. He was twenty‐three. In 1986, after working aboard ships for more than a decade, and without ever having attended college, he passed the merchant marine officer’s exam, licensing him to serve as an officer aboard U.S. flagged cargo vessels. In 1992 he received his master’s license, the merchant marine equivalent of a captain’s qual... More...   $0 (03-04-2014 - NY)

Offshore of the Palm Beaches, Inc. d.b.a. Freedom Boat Club v. Lisa Lynch

In this admiralty action, a boat owner, Offshore of the Palm Beaches, Inc. (“Offshore”), appeals from a district court order that permitted a lone claimant, Lisa Lynch, to pursue personal injury claims in state court after Offshore had invoked the Limitation of Liability Act (“Limitation Act”), 46 U.S.C. § 30501 (2006). Offshore argues that its forum selection should control because Lynch... More...   $0 (02-03-2014 - FL)

Brian Anthony Martinez v. Bloomberg, L.P.

21 Plaintiff-Appellant Brian Anthony Martinez (“Martinez”) appeals from a
22 judgment of the United States District Court for the Southern District of New
23 York (Furman, J.), dismissing his complaint for improper venue under Rule
24 12(b)(3) of the Federal Rules of Civil Procedure. Martinez brought this action
25 against his former employer, Bloomberg LP (“Bloomberg”), a ... More...
   $0 (01-14-2014 - NY)

Derek Hale v. Omega Protein, Inc.

Derek Hale brought an action alleging that his employer Omega Protein (“Omega”) was liable for injuries Hale suffered when a piece of debris fell from a fishing net and struck his forearm. After a three-day bench trial, the United States District Court for the Eastern District of Louisiana ordered Omega to pay Hale maintenance from November 1, 2009, until the start of the following fishing sea... More...   $0 (01-13-2014 - LA)

Susan C. Turner v. United States of America

This case comes before the Court on an appeal of the district court’s grant of summary judgment to the defendant, the United States Coast Guard (“USCG”), in a personal injury and wrongful death action. The central issue in the case concerns whether the Coast Guard breached a duty of care in attempting to rescue Susan Turner and her husband, Roger Turner, Jr. Based on the record in this case,... More...   $0 (11-21-2013 - NC)

Cindi Hedgepeth, Individually and as Representative of the Estate of John Timothy Hedgepeth v. Diamond Offshore Drilling, Inc

Cindi Hedgepeth appeals a jury award in a wrongful death case under the Jones Act. See Merchant Marine Act of 1920 (Jones Act), 46 U.S.C.S. §§ 30104–30106 (LexisNexis 2007 & Supp. 2013). A jury awarded Cindi $280,082 for the

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loss of her late husband’s support and household services. Cindi contends the award is inadequate and the evidence is factually insufficient to support t... More...
   $0 (11-19-2013 - TX)

Haleigh Janee McBride v. Estis Well Service, L.L.C.

The principal question presented by this case is whether seamen may recover punitive damages for their employer’s willful and wanton breach of the general maritime law duty to provide a seaworthy vessel. Answering in the affirmative, we REVERSE and REMAND for further proceedings.

FACTS AND PROCEEDINGS

The consolidated cases arise out of an accident aboard Estis Rig 23, a barge ... More...
   $0 (10-02-2013 - LA)

Oswaldo Enrique Tobar v.

Patrolling in international waters, the United States Coast Guard suspected the crew of an Ecuadorian fishing boat of illicit activities. With the authorization of Ecuadorian authorities, the Coast Guard boarded the boat, searched for drugs, and towed the boat to Ecuador. The Ecuadorian crew, who are Plaintiffs here, allege that agents of Defendant United States harmed Plaintiffs and their propert... More...   $0 (09-25-2013 - CA)

Irving Drobny, as Representative of National Accident Insurance Group and National Accident Insurance Underwriters v. American National Insurance Company

In this interlocutory appeal, appellant, Irving Drobny, as representative of National Accident Insurance Group (“NAIG”) and National Accident Insurance Underwriters (“NAIU”), challenges the trial court’s orders granting appellee,

2

American National Insurance Corporation (“ANICO”), a temporary injunction and its motion to compel arbitration. In three issues, Drobny ... More...
   $0 (08-29-2013 - TX)

United States v. $8,440,190.00 in U.S. Currency

While fleeing from the Coast Guard aboard a go-fast vessel, the claimant Robert Hovito Van Bommel Duyzing ("Van Bommel") and his crew tossed approximately $8 million into the Caribbean Sea. The money was recovered by the Coast Guard and the government filed this action seeking to have the currency, along with some additional money found on the crew members' persons, forfeited to the United States... More...   $0 (06-18-2013 - PR)

United States of America v. James Paul Wright

The United States of America charged James Paul Wright, age 23, with conspiracy to commit robbery in violation of 18 U.S.C. 1951, attempted robbery in violation of 18 U.S.C. 1951, two counts of possession of firearm in furtherance of a crime of violence in violation of 18 U.S.C. 924 and carjacking in violation of 18 U.S.C. 2119. It also sought forfeiture of firearms pursuant to 28 U.S.C. 2461 in ... More...   $0 (05-13-2013 - OK)

Robert Cornett v. Rhonda Carr

¶1 In January 2006, Robert Cornett brought a lawsuit in the Oklahoma County District Court, challenging the sale of real property ordered to be sold by his ex-spouse, Rhonda Carr, in connection with the parties' divorce proceeding. According to the petition, a divorce judgment entered by the Seminole County District Court directed Carr to sell the subject property at the highest possible price an... More...   $0 (04-23-2013 - Ok)

Tiara Condominium Assocation, Inc. v. Marsh & McClennan Companies, Inc.

As we stated in our earlier opinion recorded at Tiara Condominium Association, Inc., v. Marsh & McClennan Companies, Inc., 607 F.3d 742 (11th Cir. 2010), this appeal arises from a contract between an insurance broker and the association responsible for managing the condominium tower located on Singer Island, Florida. The tower suffered extensive wind damage from two hurricanes in September 2004. T... More...   $0 (04-18-2013 - FL)

Sara Michaelle Simmons v. Chad Ware

Chad Ware appeals from the judgment entered against him in this maritime wrongful death action. Ware owned a vessel that was being used for a live-on-board marine education program for students. The decedent, an adult chaperone on the trip, drowned while ―free-diving‖ during a daytime excursion off of the ship conducted by the operators of the educational program. The jury returned a special v... More...   $0 (02-13-2013 - CA)

Fish Tale Sales & Services, Inc. v. William Nice

Fish Tale Sales and Service, Inc., petitions for certiorari review of an order denying its motion to file a third-party complaint in the underlying action. Because we conclude that the circuit court departed from the essential requirements of the law in denying Fish Tale's motion, resulting in material harm that cannot be remedied on plenary appeal, we grant the petition and quash the order on rev... More...   $0 (02-01-2013 - FL)

Francis Barker, jr. v. Hercules Offshore, Inc.

After watching his friend and co-worker die as a result of an accident on a jack-up rig attached to the Outer Continental Shelf (“OCS”), Francis Barker filed suit in Texas state court seeking relief under general maritime law, the Longshore and Harbor Workers’ Compensation Act (“LHWCA”), and Texas tort law. The District Court for the Southern District of Texas denied Barker’s motion fo... More...   $0 (02-01-2013 - TX)

List Industries, Inc. v. Phiteau Dalien

In this worker’s compensation immunity case, an employer appeals a $2.7 million jury verdict and final judgment in favor of an employee who suffered an amputation of a significant portion of his dominant hand while operating a piece of machinery. The accident occurred on August 23, 2005, and is controlled by section 440.11(1)(b)(2), Florida Statutes (2005).

List Industries, Inc., the empl... More...
   $0 (01-23-2013 - FL)

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