South Carolina Lawyers Weekly

Mar 16, 2017

Repairing ‘True Love’ requires applicable law resolution

When you’re trying to decide who should pay for repairs to True Love, which set of laws should apply? OK, a few things here. The True Love is a sailboat […]

Apr 22, 2015

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.) […]

Mar 11, 2015

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 […]

Mar 21, 2012

Admiralty – Personal Injury – Arbitration

Aggarao v. MOL Ship Mgmt. Co. Ltd. A Filipino seaman who suffered devastating injuries while working aboard the Asian Spirit vessel in the Chesapeake Bay near Baltimore must arbitrate his claims against the vessel owner and additional defendants; the 4th Circuit affirms the arbitration decision but vacates the dismissal of the case and remands for reinstatement and consideration of the in[...]

Mar 2, 2012

Admiralty – Jurisdiction – ‘Drive-By’ Ruling – Jones Act – Dockside Conveyor Belt

Holloway v. Pagan River Dockside Seafood Inc. Invoking the Supreme Court’s warning against “drive-by jurisdictional rulings,” the 4th Circuit sorts out the differences between motions under 12(b)(1) and 12(b)(6) and reverses the district court’s dismissal of a Jones Act claim, saying plaintiff’s allegation of injury to his hand from a dockside conveyor belt stated a Jones Act cl[...]

Dec 21, 2011

Admiralty – Allision — Damages – Fair Market Value — Yacht & Corps of Engineers Vessel

F.C. Wheat Maritime Corp. v. U.S. When the captain of a U.S. Army Corps of Engineers vessel fell asleep at the wheel and struck plaintiff’s 70-foot yacht, the Marquessa, docked at the pier at Ocean Marine marina in Portsmouth, the yacht was a constructive total loss based on two of three opinions in this battle of the experts, and the 4th Circuit affirms a $440,000 damage award for the [...]