Maritime Liens
The following are digests and case links to
Circuit Court Admiralty Cases that have as an issue maritime liens:
Gowen
v. F/V Quality One
First Circuit Court of Appeals
March 30, 2001
Maritime Liens: A fishing vessel's
fishing permits, which allowed restricted use of the vessel for the fishing
of specific species, were "appurtenances" of the vessel for purposes of
the Federal Maritime Lien Act, 46 U.S.C. §§ 3141-43, thus they
were properly sold along with the vessel subsequent to her arrest to pay
wharfage and repair costs.
United
States v. Ex USS Cabot/Dedalo
Fifth Circuit Court of Appeals
July 1, 2002
Salvage/Maritime Liens: A successful
salvage claim requires three proofs: (1) marine peril; (2) voluntary service
rendered when not required as an existing duty or from a special contract;
and (3) success in whole or in part, or contribution to the success of
the operation. Since the Coast Guard proved tug assistance to the vessel
pursuant to its mandatory obligations under the Federal Water Pollution
Control Act, it was not acting voluntarily and hence had no valid salvage
claim or salvage lien against the vessel.
Bank
One Louisiana v. M/V Mr Dean
Fifth Circuit Court of Appeals
June 10, 2002
Maritime Liens/Charter Parties: A maritime
lien for breach of a charter attaches when the owner places the vessel
at the charterer's disposal and remains inchoate until perfected by a breach
or discharged by the undisturbed end of the charter. Thus the charterer's
maritime lien for breach of the charter had priority over the bank's preferred
ship mortgage since the the vessel was placed at the charterer's disposal
before the mortgage was recorded, although the owner's breach of the charter
occurred after the mortgage was recorded.
Gulf
Marine v. M/V Golden Prince
Fifth Circuit Court of Appeals
October 24, 2000
Maritime Liens: Legal services are
not "necessaries" under the Federal Maritime Lien Act, thus a law firm
has no maritime lien against the sale proceeds of a vessel for which it
performed legal services.
Racal
Survey v. M/V Count Fleet
Fifth Circuit Court of Appeals
October 24, 2000
Maritime Liens: Since the plaintiff
supplier of seismic equipment looked solely to a party other than the vessel
for payment, it had no maritime lien against the vessel for equipment supplied
to the vessel's time charterer. A supplier of necessaries must also provide
those goods or services to a vessel to receive a maritime lien, thus supplying
the equipment directly to the time charterer, and not the vessel, provided
an alternate basis for denying plaintiff's maritime lien claim. With respect
to the vessel owner's separate lien claim for non-payment of charter hire,
which was brought against equipment of the time charterer aboard the vessel,
the court upheld the district court's decision denying such a claim since
a vessel owner may only assert such a lien against cargo.
Bank
of Scotland v. Hector Sabay
Fifth Circuit Court of Appeals
April 28, 2000
Maritime Liens: A seaman's preferred
maritime lien for penalty wages is not enforceable against the proceeds
of a vessel sale when those proceeds are less than the preferred mortgage
debt.
Ventura
Packers v. F/V Jeanine Kathleen
Ninth Circuit Court of Appeals
September 11, 2002
Maritime Liens/Admiralty Jurisdiction:
The Federal Maritime Lien Act, 46 U.S.C. § 31342, establishes statutory
elements, which if met, invoke the admiralty jurisdiction of the federal
courts. The district court therefore erred in dismissing plaintiff's necessaries
lien claim for lack of subject matter jurisdiction, which dismissal was
based on a finding that the contract between plaintiff and the vessel interests
was not wholly maritime and that its maritime portion could not be severed
from its non-maritime portion without prejudice to the vessels. Although
this finding was correct, the Federal Maritime Lien Act provides an independent
basis for subject matter jurisdiction where the plaintiff, as here, has
provided necessaries to a vessel.
In
re Container Applications Intl.
Eleventh Circuit Court of Appeals
November 22, 2000
Maritime Liens: Cargo containers leased
in bulk to the owner of a group of vessels for unrestricted use on board
the vessels in that group, are not "provided" to any particular vessel
within the meaning of 46 U.S.C. § 31342(a), thus liens cannot be claimed
for containers furnished in bulk to a fleet owner who then decides upon
which vessels the containers will be placed. |