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Milos Product Tanker Corporation v. Valero Marketing and Supply Co.
District court erroneously found that defendant consignee breached a contract to pay freight costs, where defendant was not a party to the shipping contract and had not impliedly assumed the obligation to pay.
Contracts, Maritime Law 9th Sep. 19, 2024
Live Life Bella Vita, LLC v. Cruising Yachts, Inc.
A third party seeking indemnity from a vessel owner in a claim covered by the Limitation of Liability Act is a separate claimant for the purposes of the Act.
Maritime Law 9th Sep. 13, 2024
Great Lakes Insurance SE v. Raiders Retreat Realty Co.
Choice-of-law provisions in maritime insurance contract was enforceable under federal maritime law because it was presumptively valid and there was no applicable exception.
Maritime Law USSC Feb. 22, 2024
Ehart, Jr. v. Lahaina Divers, Inc.
Statute restricting liability waivers for owners of vessels transporting passengers "between ports" did not apply to scuba tour vessel traveling away from and back to a single Maui port.
Maritime Law 9th Feb. 9, 2024
Western Towboat Co. v. Vigor Marine LLC
A "Hold Harmless" provision in parties' Tow Agreement did not apply to shipyard's non-reimbursed deductible for third-party liability because it only held harmless for injury to their own property.
Maritime Law 9th Nov. 1, 2023
Ranger v. Alamitos Bay Yacht Club
Yacht club worker's sole remedy is with California workers' compensation law rather than federal admiralty law since state compensation laws cannot be preempted to maintain maritime uniformity.
Maritime Law 2DCA/8 Sep. 7, 2023
Martz v. Horazdovsky
Vessel owners' limitation-of-liability action was timely because claimant's letter did not constitute "written notice of the claim" that started the running of the six-month limitations period.
Maritime Law 9th May 11, 2022
Deem v. The William Powell Co.
Under Maritime law, the statute of limitations for wrongful death claims begins to accrue on the date of death, rather than when the illness was diagnosed.
Maritime Law 9th May 2, 2022
Pacific Gulf Shipping v. Vigorous Shipping & Trading
There was insufficient evidence that appellees were dominated or controlled by debtors or that appellees were operated with fraudulent intent in order to pierce the corporate veil.
Maritime Law 9th Mar. 30, 2021
Prickett v. Bonnier Corp.
Compensatory damages for loss of appellant's father's society or punitive damages are not available under general maritime law for injuries to a non-seaman.
Maritime Law 4DCA/3 Oct. 15, 2020
Dutra Group v. Batterton
Mariner may not recover punitive damages on unseaworthy claim; punitive damages are not a traditional remedy for unseaworthiness.
Maritime Law USSC Jun. 25, 2019
Air & Liquid Systems Corp. v. DeVries
In maritime tort context, manufacturer has duty to warn when manufacturer's product requires later incorporation of dangerous part, such as asbestos, in order for integrated product to function as intended.
Maritime Law USSC Mar. 20, 2019
Cruz v. Nat'l Steel & Shipbuilding
Under the Longshore and Harbor Workers' Compensation Act, 33 U.S.C. Section 905(a), a borrowing employer is entitled to the same tort immunity as a conventional employer.
Maritime Law 9th Dec. 20, 2018
Bunker Holdings v. Yang Ming Liberia
Appellant did not provide 'necessaries to a vessel on the order of...a person authorized by the owner' because fuel broker lacked authority to bind the vessel; thus its maritime lien failed.
Maritime Law 9th Oct. 12, 2018
Holzhauer v. Rhoades
When a boat owner is functioning as a passenger on a vessel, the duty of care that applies is the same duty of care that is applied to a passenger.
Maritime Law 9th Aug. 13, 2018
Amended Opinion: Barnes v. Sea Hawaii Rafting
Court properly has in rem jurisdiction over vessel where it waives jurisdictional challenge by litigating suit for 15 months.
Maritime Law 9th Apr. 20, 2018
Barnes v. Sea Hawaii Rafting
Court properly has in rem jurisdiction over vessel where it waives jurisdictional challenge by litigating suit for 15 months.
Maritime Law 9th Mar. 29, 2018
Galilea v. AGSC Marine Insurance Co.
Montana law is not preserved from preemption under federal maritime law and, thus, the Federal Arbitration Act applies to a maritime insurance contract.
Maritime Law 9th Jan. 17, 2018
McIndoe v. Bath Iron Works Corp.
In asbestos action, naval warships are not 'products' for purposes of strict products liability; nor can plaintiffs prevail against shipbuilders on negligence theory.
Maritime Law Apr. 1, 2016
Ali v. Rogers
District court lacks jurisdiction to preside over civil rights claims that sounded in admiralty and were not brought against federal government.`
Maritime Law Mar. 19, 2015
Petitt v. Sause Brothers
Shipper may not reduce disability payments to its former welder by taking into account $0.25 raises provided by his new employer every three months.
Maritime Law Sep. 23, 2013
Brandwein v. Butler
Yacht owner cannot recover emotional distress damages from company that negligently performed salvage operations on yacht after it ran aground in Mexico.
Maritime Law Aug. 26, 2013
Schwirse v. Director, Office of Workers' Compensation Program
Longshoreman who fell and injured himself after drinking numerous beers throughout day is not entitled to receive compensation for his injuries.
Maritime Law Jul. 29, 2013
Clevo Co. v. Hecny Transportation Inc.
Limitations period in bills of lading bars computer parts seller's misdelivery claim against freight forwarder despite guarantee with no statute of limitations.
Maritime Law Apr. 29, 2013
Kealoha v. Office of Workers Compensation Programs
Ship laborer may recover workers' compensation for injuries from suicide attempt if he can prove his work-related fall caused his subsequent suicide attempt.
Maritime Law Apr. 10, 2013
Simmons v. Ware
Owner of vessel used for marine education program is not liable for drowning death where his role as joint venturer with operator was never litigated.
Maritime Law Mar. 14, 2013
Simmons v. Ware
Owner of vessel used for marine education program is not liable for drowning death where his role as joint venturer with operator was never litigated.
Maritime Law Feb. 15, 2013
Lozman v. City of Riviera Beach
Floating home is not 'vessel' for purposes of admiralty jurisdiction because it was not capable of being used as means of transportation over water.
Maritime Law Jan. 15, 2013
Keller Foundation/Case Foundation v. Tracy
Barge foreman who was injured while doing shore-side work in foreign countries is not eligible for workers' compensation benefits under federal law.
Maritime Law Sep. 21, 2012
Price v. Stevedoring Services of America Inc.
In calculating how much interest on disability benefits longshoreman is entitled to, judge incorrectly applies simple interest rate.
Maritime Law Sep. 5, 2012