15 results for 'cat:"Maritime" AND cat:"Jurisdiction"'.
J. Lloyd- Jones finds a lower court improperly dismissed the Republic of South Africa's motion for claim form of property of a sunken ship that carried a cargo of silver. A specialist salvage operator argued that it was entitled to security of claim after it transported the vessel for payment from South Africa to the U.K. However, the Republic of Africa sufficiently showed in court that it is entitled to the cargo being that it was not intended for use of commercial purposes. Reversed.
Court: Supreme Court of the United Kingdom, Judge: Lloyd- Jones, Filed On: May 8, 2024, Case #: 2024UKSC16, Categories: maritime, jurisdiction
J. Jackson denies an offshore oilfield worker’s request for remand of his slip-n-fall some three miles off the Louisiana coast in the Gulf of Mexico. The worker unsuccessfully argues removal of his suit from state court was improperly based on federal jurisdiction over the Outer Continental Shelf lands in the Gulf of Mexico. Although he argues he was off-duty when he fell, the worker would not have been injured “but-for” his employment on the platform, where the vessel was moored and engaged in oil and gas activities in federal waters.
Court: USDC Middle District of Louisiana, Judge: Jackson, Filed On: March 28, 2024, Case #: 3:20cv00250, NOS: Other Personal Injury - Torts - Personal Injury, Categories: maritime, Tort, jurisdiction
J. Duncan finds the district court improperly confirmed the London arbitration panel's award granting a shipping vessel owner $200 million after chemical tanks loaded at the Port of New Orleans exploded while crossing the Atlantic Ocean. The district court lacks personal jurisdiction over the shipping company that chartered the vessel because the company did not waive its personal jurisdiction defense by entering into a letter of undertaking issued by its insurer to the owner. Also, contact with the forum did not arise from the company's deliberate activities, but from unilateral activities of others. Reversed.
Court: 5th Circuit, Judge: Duncan , Filed On: January 29, 2024, Case #: 22-30808, Categories: maritime, Negligence, jurisdiction
J. Horan grants a transport company's motion to vacate maritime attachments and garnishments in a contract action against filed by a leasing company. The contract at issue is not a maritime contract and, therefore, the district court lacks jurisdiction.
Court: USDC Northern District of Texas , Judge: Horan, Filed On: January 10, 2024, Case #: 3:23cv1143, NOS: Marine - Contract, Categories: maritime, jurisdiction, Contract
J. Christopher finds that the trial court improperly denied the special appearance filed by one of the accused companies in a Jones Act case brought by the widow of a seaman who allegedly sustained fatal injuries in a forklift accident on a ship. The Swiss company "lacks minimum contacts with Texas" and is not subject to the trial court's jurisdiction. Reversed in part.
Court: Texas Courts of Appeals, Judge: Christopher, Filed On: October 26, 2023, Case #: 14-22-00470-CV, Categories: maritime, Tort, jurisdiction
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
[Consolidated.] J. Rao denies a maritime company's petition for review of the Maritime Administration's approval of a shipping company's request to replace two vessels in the Pacific trade. The maritime company was not a party in the replacement proceedings and, therefore, the district court lacks jurisdiction under the Hobbs Act.
Court: DC Circuit, Judge: Rao, Filed On: August 15, 2023, Case #: 21-1137 , Categories: maritime, jurisdiction
J. Fallon grants a request by a Southeast Louisiana shipyard and against a Florida company that hired it to build a 78-foot fishing vessel at a cost of $410,000. A contested separation agreement between the litigants is in fact a valid, final contract, contrary to arguments by the Florida vessel owner. The agreement contains a forum selection clause that designates a state court in coastal Louisiana as the exclusive jurisdiction of any claims between the two businesses.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: August 14, 2023, Case #: 2:22cv170, NOS: Other Contract - Contract, Categories: maritime, jurisdiction, Contract
J. Stevens finds that the lower court properly dismissed a maritime employment suit for lack of jurisdiction. While the employee resides in Missouri, the company is based in Kentucky and does not particularly target Missouri customers for its shipping business that runs on the Mississippi River. Affirmed.
Court: Missouri Court Of Appeals, Judge: Stevens, Filed On: July 25, 2023, Case #: ED111141, Categories: maritime, jurisdiction
J. Griggsby grants a commercial contractor its motion to dismiss allegations of admiralty tort brought by a utility company after the contractor began excavation to extend an existing private pier and damaged a buried electrical cable. Because the company fails to establish that the cove in which the damage occurred is a navigable water of the U.S. or that the damage is disruptive to maritime commerce, the complaint is dismissed.
Court: USDC Maryland, Judge: Griggsby, Filed On: July 12, 2023, Case #: 1:22cv696, NOS: Marine - Torts - Personal Injury, Categories: Admiralty, maritime, jurisdiction
J. Engelhardt finds the district court improperly granted the shipyard summary judgment on the ground that its mesothelioma-diagnosed employee’s state law tort claims are not preempted by the federal Longshore and Harbor Workers’ Compensation Act. The employee claims that he was negligently exposed to asbestos while working on U.S. Navy ships. Though concurrent jurisdiction is allowed as to certain claims under the Act, the employee’s claims, which arise from exposure in 1969, are not preempted by the version of the Act in place at that time. Reversed and remanded.
Court: 5th Circuit, Judge: Engelhardt, Filed On: June 12, 2023, Case #: 21-30761, Categories: maritime, Tort, jurisdiction
J. Watson dismisses a former employee of a seafood company’s claims of unpaid wages and injuries sustained on the company’s boat, finding the employee’s contract explicitly states that any lawsuit regarding employment must be be brought in Washington state, regardless of where the employee is hired from. Any possible prejudice against the employee based on delayed payment or out of state travel is made irrelevant by his agreement and subsequent violation of the forum clause of the employment contract.
Court: USDC Hawaii, Judge: Watson, Filed On: June 5, 2023, Case #: 1:23cv4, NOS: Marine - Torts - Personal Injury, Categories: Employment, maritime, jurisdiction
J. Kindred denies a motion to dismiss for lack of jurisdiction and adopts in part the report and recommendation in a lien dispute over vessel limited entry permits. The limited entry permits were "necessary" and therefore do not alter the court's maritime jurisdiction. However, admiralty jurisdiction is lacking over a lender's state law lien claims.
Court: USDC Alaska, Judge: Kindred, Filed On: May 30, 2023, Case #: 3:22cv27, NOS: Marine - Contract, Categories: maritime, jurisdiction, Contract