Jury Trials
The following are digests and case links to
Circuit Court Admiralty Cases that have as an issue jury trials:
South
Port Marine v. Gulf Oil Ltd.
First Circuit Court of Appeals
December 7, 2000
Admiralty Jurisdiction: plaintiff's
floating docks that were damaged by an oil spill were extensions of the
land and hence a tort that causes damage to them does not occur wholly
on navigable waters and therefore constitutes an action at law, rather
than in admiralty; OPA 90/Jury Trials: although the Oil Pollution
Act (OPA) does not create a statutory right to a jury trial, plaintiff
has a Seventh Amendment right to a jury trial of its claims under the Act
since they are analogous to causes of action at common law, rather than
causes of action in admiralty; Punitive Damages: punitive damages
are not available under OPA for marine pollution claims, nor are they available
under the general maritime law in view of the enactment of OPA, which has
supplanted the existing maritime law of punitive damages in cases of marine
pollution.
Diefenbach
v. Sheridan Transportation
First Circuit Court of Appeals
October 6, 2000
Experts: the district court did not
abuse its discretion when it allowed plaintiff's expert witness to present
expert testimony concerning docking and undocking procedures since the
witness had the knowledge, skill, experience, training and education to
qualify him as an expert and his testimony assisted the trier of fact to
better understand the case; Damages: defendant's motion for remittitur
on the grounds that the jury awarded excessive damages was properly denied
since there was sufficient supporting evidence introduced regarding the
plaintiff's injury, his inability to earn a living and the pain and suffering
he experienced, is experiencing and will experience in the future; Jury
Trials:
defendant failed to request that the jury be instructed to
reduce lost wages to present value and that any award is not subject to
taxes, thus the district court's failure to so instruct is not reversible
error.
Pacific
Fisheries v. HIH Casualty & General Insurance
Ninth Circuit Court of Appeals
February 9, 2001
Marine Insurance: under California
law, a breach of even an immaterial warranty will void a policy where the
policy expressly declares that it shall avoid it, thus the P &
I and Hull policies in effect at the time of the losses were void since
the vessel was in breach at the time of the losses of the policies' trading
warranties, although the losses were not caused by such breach; Jury
Trials: the district court correctly denied plaintiff's untimely demand
for a jury trial pursuant to Federal Rule of Civil Procedure 39(b).
In
re the EXXON VALDEZ, Sea Hawk v. Alyeska
Ninth Circuit Court of Appeals
March 16, 2000
Jury Trials: the District Court's factual
finding that a juror was not truthful in alleging that the court's bailiff
and other jurors had threatened her during jury deliberations was not clearly
erroneous; the threat that the bailiff had indeed made ("you know, you
guys, you're really having problems with her, or something like that, pulled
his gun out, took a bullet out and said maybe if you put her out of her
misery or something") was meant as a joke and in any event was not communicated
to the threatened juror, thus a new punitive damages trail was not warranted.
Frederick
v. Kirby Tankships
Eleventh Circuit Court of Appeals
March 8, 2000
Jury Trials/Maintenance & Cure: the
jury award for maintenance, cure and unearned wages exceeded the maximum
possible award based on the evidence, thus the excess must be remitted. |