World Fuel Services Trading DMCC v. Hebei Prince Shipping Co. Ltd. (Lawyers Weekly No. 15-01-0357, 39 pp.) (Agee, J.) No. 14-1434, April 17, 2015; USDC at Norfolk, Va. (Davis, J.) 4th Cir. Holding: The 4th Circuit affirms summary judgment in ...Read More »
American Steamship Owners Mutual Protection & Indemnity Ass’n Inc. v. Dann Ocean Towing Inc. (Lawyers Weekly No. 14-01-0634, 12 pp.) (Keenan, J.) No. 13-1495, June 26, 2014; USDC at Baltimore, Md. (Blake, J.) 4th Cir. Holding: In this admiralty litigation ...
Tagged with: Insurance coverageRead More »
Vitol S.A. v. Primerose Shipping Co. Ltd. A district court had admiralty jurisdiction to consider the appeal of a ship charterer’s attempt to collect on a judgment against the ship’s owner by attaching a vessel docked at Baltimore, but the 4th Circuit upholds the district court’s decision to vacate its ex parte order of attachment and dismiss the ship charterer’s complaint based on an alter ego theory.
Tagged with: ego theory.Read More »
Turner v. United States The Coast Guard’s decision as to whether to start a search for a missing boater is discretionary; therefore, the Coast Guard’s delay in starting the search for plaintiff and her husband is shielded by sovereign immunity. Plaintiff made it to shore 20 minutes after the Coast Guard started its search; she has not shown that she was damaged by any negligence of the Coast Guard in that timeframe.Read More »
Aggarao v. MOL Ship Mgmt. Co. Ltd. A Filipino seaman who suffered devastating injuries while working aboard the Asian Spirit vessel in the Chesapeake Bay near Baltimore must arbitrate his claims against the vessel owner and additional defendants; the 4th Circuit affirms the arbitration decision but vacates the dismissal of the case and remands for reinstatement and consideration of the injunction request and entry of a stay pending arbitration.Read More »
F.C. Wheat Maritime Corp. v. U.S. When the captain of a U.S. Army Corps of Engineers vessel fell asleep at the wheel and struck plaintiff’s 70-foot yacht, the Marquessa, docked at the pier at Ocean Marine marina in Portsmouth, the yacht was a constructive total loss based on two of three opinions in this battle of the experts, and the 4th Circuit affirms a $440,000 damage award for the fair market value of the ship at the time of loss.Read More »
Admiralty – Wrongful Death – Navy Training Exercise – No Contribution from U.S. – Sovereign Immunity
In the Matter of the Complaint of Vulcan Materials Co. v. Massiah v. U.S. In this appeal of a $1.25 million wrongful death award against Vulcan Materials Company in a suit in admiralty after the death of a 19-year-old seaman when his rigid-hull inflatable boat collided with a tug during a Navy training exercise on the James River, the 4th Circuit affirms the district court award to the seaman's family members and its decision that the U.S. can't be held liable for contribution.Read More »
Styron v. Norfolk Dredging Co. (Lawyers Weekly No. 09-02-0977, 3 pp.) (Terrence W. Boyle, J.) E.D.N.C. Holding: Even though the complaint does not cite Fed. R. Civ. P. 9(h) directly, plaintiff has satisfied the Rule 9(h) requirement of designating his ...Read More »