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Admiralty Law
 
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,

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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)

Fane Lozman v. the City of Riviera Beach

The Rules of Construction Act defines a “vessel” as in- cluding “every description of watercraft or other artificialcontrivance used, or capable of being used, as a means of transportation on water.” 1 U. S. C. §3. The question beforeus is whether petitioner’s floating home (which is not selfpropelled) falls within the terms of that definition.
In answering that question we focus pr... More...
   $0 (01-15-2013 - GA)

Bashe Abdi Yousuf v. Mohamed Ali Samantar

For the second time in this case, we are presented with the question of whether Appellant Mohamed Ali Samantar enjoys immunity from suit under the Torture Victim Protection Act of 1991 ("TVPA"), see Pub. L. 102-256, 106 Stat. 73 (1992), 28 U.S.C. § 1350 note, and the Alien Tort Statute ("ATS"), see 28 U.S.C. § 1350. In the previous appeal, we rejected Samantar’s claim to statutory immunity und... More...   $0 (11-02-2012 - VA)

Tinna Dilts v. United Group Services,LLC

Tinna Dilts, as ancillary administratrix of the Estate of Rickie Dilts, and Sandi Neace, as administratrix of the Estate of Matthew Collins, brought a wrongful death action against Defendants Maxim Crane Works, L.P., United Group Services, LLC, North American Stainless Steel, and Siemens Industry, Inc. The district court granted summary judgment to all three Defendants. Dilts argues on appeal that... More...   $0 (09-18-2012 - KY)

Aida Ester Chaparro v. Carnival Corporation

Appellants Ceferino Perez and Aida Esther Chaparro, individually and as the personal representatives of the estate of their daughter, Liz Marie Perez Chaparro (“Liz Marie”), and Amilkar Perez Chaparro (collectively “Appellants”) appeal the district court’s Rule 12(b)(6) dismissal of their complaint against Appellee, Carnival Corporation (“Carnival”), for negligence and negligent infl... More...   $0 (09-05-2012 - OK)

Specialized Freight Forwarders v. Dragone Classic Motorcars, Inc.

The defendant, Dragone Classic Motorcars, Inc., appeals from the judgment of the trial court in favor of the plaintiff, Specialized Freight Forwarders. On appeal, the defendant claims that the court (1) did not have subject matter jurisdiction over the case, (2) improperly determined that the plaintiff could recover against the defendant for shipping costs despite the fact that the term ‘‘frei... More...   $0 (08-27-2012 - CT)

Royal Caribbean Cruises, Ltd. v. Byron Cox

Royal Caribbean Cruises Ltd. (“RCCL”) appeals an order awarding seaman Byron Cox (“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. We are compelled to affirm based on the authority of Royal Caribbean Corp. v. Modesto, 614 So. 2d 517 (Fla. 3d DCA 1992).

I FA... More...
   $0 (08-22-2012 - FL)

Richard Messier v. Bouchard Transportation

Plaintiff-Appellant Richard Messier, a seaman, contracted lymphoma and sued his former employer, Defendant-Appellee Bouchard Transportation Co., Inc. (“Bouchard”), seeking maintenance and cure.1 Undisputed evidence establishes that Messier had lymphoma during his maritime service. But it is also undisputed the disease did not present any symptoms at all until after his service. After concludin... More...   $0 (07-20-2012 - NY)

The Kansas City Southern Railway Company v. Ronald K. Oney

Appellee, Ronald K. Oney, Individually and as Representative of the Estate of Daniel D. Oney, brought a claim under the Federal Employers’ Liability Act (“FELA”) against The Kansas City Southern Railway Company (“KCSR”). KCSR filed a motion to dismiss based on appellee’s failure to serve medical reports under Chapter 90 of the Texas Civil Practice and Remedies Code.1 The multidistrict ... More...   $0 (07-19-2012 - TX)

King Fisher Marine Service, L.P. v. Jose H. Tamez

This appeal is from a trial court judgment awarding appellee, Jose H. Tamez, damages against appellant, King Fisher Marine Service, L.P. ("King Fisher") in a case involving Jones Act, unseaworthiness, and maintenance and cure claims. On appeal, King Fisher claims that: (1) there is legally and factually insufficient evidence to support finding that Tamez was acting under specific orders at the tim... More...   $0 (05-31-2012 - TX)

Marquette Transportation Company Gulf-Inland, LLC v. Lorne Jackson

Lorne Jackson, appellee, sued the appellant, Marquette Transportation Company Gulf-Inland, LLC (“Marquette”), under the Jones Act for personal injuries he sustained while employed on one of Marquette’s vessels. Following a bench trial, the trial court entered judgment in Jackson’s favor. In three issues, Marquette argues that (1) the evidence and findings of fact do not support the concl... More...   $0 (04-26-2012 - TX)

Sobrino-Barrera v. Anderson Shipping Co., Ltd.

Sobrino-Barrera sued Anderson Shipping Co., Ltd., Oldendorff Carriers GMBH & Co KG and SOCOGEM SAM on admiralty personal injuries theories.... More...   $0 (03-15-2012 - TX)

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