10 results for 'cat:"Admiralty" AND cat:"Contract"'.
J. Evanson grants the cruise line's motion to compel arbitration in the executive housekeeper's lawsuit accusing the cruise line's manager of making her sign a seagoing employment agreement (SEA) after she sought medical attention for an asthma attack on shore. The April 2014 SEA is not void for lack of consideration, because while the January 2014 SEA was still in effect when the executive housekeeper signed the April 2014 SEA, both of the contracts have the same language regarding arbitration, which is in effect for both of them.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: December 11, 2023, Case #: 2:22cv1111, NOS: Marine - Contract, Categories: admiralty, Arbitration, contract
J. Chun grants the vessel charterer partial summary judgment for its claim that the owner of M/V Ocean Valor should be held to the technical performance of the Military Sealift Command (MSC) contract, which relates to the owner's complaint accusing the vessel charterer of not fully paying for services provided. The BIMCO time charter party contains references to and outright depends on the MSC contract, which supports incorporation of the contract into the charter; thus, the owner is bound to the MSC contract.
Court: USDC Western District of Washington, Judge: Chun, Filed On: December 11, 2023, Case #: 2:22cv1058, NOS: Marine - Contract, Categories: admiralty, contract
J. Chun denies summary judgment to the owner of M/V Ocean Valor for its complaint that the vessel charterer did not fully pay for services provided. There are disputed facts as to whether the BIMCO time charter party that the vessel owner drafted and sent to the vessel charterer is a fully integrated charter, and there is a dispute on what the vessel owner and the vessel charterer intended the BIMCO charter's fee arrangement to be.
Court: USDC Western District of Washington, Judge: Chun, Filed On: November 21, 2023, Case #: 2:22cv1058, NOS: Marine - Contract, Categories: admiralty, contract
J. Chun denies Canpotex Shipping Services' motion to dismiss the marine fuel logistic company's contract and unjust enrichment claims, which are part of the company's lawsuit alleging that the owner did not pay the company for the vessel's fuel. Canpotex claims that a Greek court found that the company does not have viable contractual claims against it, but a Canadian court also determined that the parties do have a contractual relationship, and it would be premature to decide anything before Greece's highest court hears the company's appeal.
Court: USDC Western District of Washington, Judge: Chun, Filed On: November 3, 2023, Case #: 2:15cv172, NOS: Marine - Contract, Categories: admiralty, Venue, contract
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J. Chun mostly denies the vessel owner's motion to dismiss the marine fuel logistics company's claims alleging the owner did not pay the company for the vessel's fuel. The marine fuel logistics company states a plausible claim for unjust enrichment under Canadian law because Canpotex Shipping Services' alleged failure to pay prevented the marine fuel logistics company from receiving compensation for the bunker fuel it delivered, satisfying a condition to apply Canadian law.
Court: USDC Western District of Washington, Judge: Chun, Filed On: August 18, 2023, Case #: 2:15cv172, NOS: Marine - Contract, Categories: admiralty, Choice Of Law, contract
J. King partially grants the yacht owner's motion to compel further discovery responses in its lawsuit alleging that the shipyard refused to fix the yacht's paint damage after it failed to properly remove it from the water. The shipyard's responses to the yacht owner's discovery requests for all documents related to the shipyard's work on the yacht are insufficient because there are indicators that the text messages sent before and after the text messages on record could be relevant to the lawsuit.
Court: USDC Western District of Washington, Judge: King, Filed On: May 30, 2023, Case #: 3:22cv5591, NOS: Marine - Contract, Categories: admiralty, Discovery, contract