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HomeCircuit Court Admiralty Cases1999 (November-December)
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.

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