Although a fuel supplier had already entered into a settlement agreement with a vessel charterer who failed to pay for fuel, that settlement did not prevent the supplier from enforcing a maritime lien against the vessel. Background Addax Energy SA ...Read More »
Admiralty – Tort/Negligence – Damages – Lost Wages & Medical Expenses
Plaintiff suffered significant injuries when defendant slowed the boat that was towing plaintiff on an inner tube, causing plaintiff to collide with the boat’s propeller. Even though plaintiff employed a life care planner to estimate the expenses plaintiff will ...
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Admiralty – Tort/Negligence – Closed-Head Injury – Novice Passenger – Gybe Maneuver
Holding: The defendant sailboat-captain was negligent when he saw an invited passenger sitting where she would be struck by the main sheet if he performed a gybe maneuver, he failed to make sure she was out of the way, and ...
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Admiralty – Tort/Negligence – Personal Injury – Anchor Line – Transverse Myelitis — Foreseeability
Harrison v. Newman (Lawyers Weekly No. 002-168-17, 9 pp.) (Richard Mark Gergel, J.) 2:16-cv-02919; D.S.C. Holding: Even if the windlass on defendant’s boat was an open and obvious danger, plaintiff does not allege a failure to warn; instead, plaintiff argues ...
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Admiralty – ‘Seaman’ – Yacht Master – ‘Substantial Duration’
Hicks v. Shelton (Lawyers Weekly No. 002-134-17, 6 pp.) (David Norton, J.) 9:16-cv-03839; D.S.C. Holding: Where plaintiff alleges that he captained defendants’ yacht on moves to Charleston and Savannah and arranged for vessel repairs and other necessities, he has sufficiently ...
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Admiralty – Contract – Choice of Law – Civil Practice – Statute of Limitations/Laches – Boat Repairs
McGowan v. Pierside Boatworks, Inc. (Lawyers Weekly No. 002-067-17, 5 pp.) (Patrick Michael Duffy, J.) 2:16-cv-03529; D.S.C. Holding: In a contract to repair plaintiff’s sailboat, one provision invoked admiralty law while another said South Carolina law would govern. In order ...
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Admiralty – Contract – Through Bill – Limitation of Liability – COGSA
G&P Trucking Co. v. Zurich American Insurance Co. (Lawyers Weekly No. 002-148-15, 12 pp.) (Margaret Seymour, S.J.) 3:14-cv-00501; D.S.C. Holding: The bill of lading in question left the “Place of Delivery” blank; however, the parties’ evidence convinces the court that ...
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Admiralty — No Salvage Award for Lawyer
Recovery Limited Partnership v. The Wrecked & Abandoned Vessel S.S. Central America(Lawyers Weekly No. 001-113-15, 23 pp.) (Niemeyer, J.) No. 14-1950, June 22, 2015; USDC at Norfolk, Va. (Smith, J.) 4th Cir. Holding: A former lawyer for Columbus America Discovery ...Read More »
Admiralty — Court Enforces Maritime Fuel Lien
World Fuel Services Trading DMCC v. Hebei Prince Shipping Co. Ltd. (Lawyers Weekly No. 001-070-15, 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 ...
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Admiralty — Civil Practice – Federal Jurisdiction – Removal – Saving to Suitors Clause – Remand
Progressive Mountain Insurance Co. v. Dana C. McLendon Co. (Lawyers Weekly No. 002-041-15, 7 pp.) (David Norton, J.) 2:14-cv-04413; D.S.C. Holding: The 2011 amendment to 28 U.S.C. § 1441(b) allows removal to federal court of any civil action over which ...
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