The following are links to selected Circuit
Court opinions concerning admiralty and maritime law issued during the
period November-December, 1999.
MILES
v. AMERICAN SEAFOOD
Ninth Circuit Court of Appeals
December 13, 1999
Maintenance & Cure/Releases: interpreting
a seaman's release of a maintenance and cure claim is a legal issue for
the court to decide, which construes any ambiguities against the drafter
and in favor of the seaman.
LeBlanc
v. Cleveland
Second Circuit Court of Appeals
December 9, 1999
Admiralty Jurisdiction: navigability
for admiralty jurisdiction purposes requires that the body of water support
commercial activity, thus there is no admiralty jurisdiction in a case
arising from an injury that occurred on a body of water that was only used
for non-commercial purposes.
DAUL
v. DOWCP
Fifth Circuit Court of Appeals
December 8, 1999
Longshore & Harbor Workers' Act: a
salesman injured on navigable waters was barred from coverage pursuant
to the vendor exclusion provision of the Act.
ALL
ALASKAN SEAFOOD, INC. v. RAYCHEM CO.
Ninth Circuit Court of Appeals
December 7, 1999
Products Liability: a refurbished vessel
was not the product for purposes of the East River products liability
rule; the manufacturer of component vessel parts was the manufacturer for
purposes of East River.
In
re DEIULEMAR COMPAGNA
Fourth Circuit Court of Appeals
December 6, 1999
Procedure: the charterer was allowed
to preserve evidence of the condition of the vessel under Federal
Rule of Civil Procedure 27 due to "extraordinary circumstances"; Arbitration:
the
District Court properly exercised jurisdiction pursuant to Rule 27 to preserve
vessel evidence in aid of London Arbitration.
DAEWOO
INTL CO. v. SEA LAND ORIENT LTD.
Third Circuit Court of Appeals
November 19, 1999
Carriage of Goods by Sea Act ("COGSA"):
the
carrier has no duty to inspect the contents of a sealed container before
issuing a bill of lading.
FEDMET
CO. v. M/V BUYALYK
Fifth Circuit Court of Appeals
November 11, 1999
Arbitration: a court may dismiss rather
than stay a cargo claim subject to arbitration; Carriage of Goods by
Sea Act ("COGSA"): the bill of lading's foreign arbitration clause
is enforceable.
IN
RE UNITED STATES LINES, INC. & UNITED STATES LINES (S.A.) INC.
Second Circuit Court of Appeals
November 1, 1999
Bankruptcy: core proceedings, enjoining
arbitration of core proceeding claims; Marine Insurance: pay-first
principle under P&I insurance, arbitration of insurance contract claim. |