8 results for 'cat:"Admiralty" AND cat:"Maritime"'.
J. Zilly partially denies the cruise line's motion to dismiss the unlawful imprisonment and conversion/theft claims of the passenger's second amended complaint asserting that the cruise line unlawfully detained her on its cruise from Hawaii to Tahiti, and then charged her for a hospital stay when she refused to sign a document. The cruise line moves again to dismiss these claims despite a prior court ruling declaring that these claims will remain in the case, and it does not show that the passenger changed the claims so much in this amended complaint that prior analysis no longer applies.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: December 29, 2023, Case #: 2:23cv93, NOS: Marine - Torts - Personal Injury, Categories: admiralty, maritime
J. Flanagan rules in favor of a maritime services firm to place a lien on a vessel it salvaged at sea. The vessel, a powerboat, had been tender to a larger vessel when it capsized and the larger vessel abandoned it. The maritime services recovered and restored the boat at significant cost of over $263,000, and it will now be put up for public sale.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: December 21, 2023, Case #: 4:23cv130, NOS: Marine - Torts - Personal Injury, Categories: admiralty, maritime
J. Hanks finds that the owner of a crude oil tanker cannot seek recovery for an explosive allision near Houston. Evidence indicates the tanker is 100 percent responsible for the collision and, therefore, the tanker owner is not entitled to recovery from either of the two tugboats involved in the accident.
Court: USDC Southern District of Texas, Judge: Hanks, Filed On: September 29, 2023, Case #: 4:18cv3113, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: admiralty, maritime, Tort
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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. Ashe denies requests by oceangoing shippers, freight handlers and their insurers to dismiss claims by Goodyear Tire & Rubber Company holding them responsible for water damage to two shipments of processed natural rubber from Thailand and Indonesia to New Orleans. Goodyear alleges that the bales of rubber were damaged during ocean transit and upon being stored outdoors and uncovered at the port of New Orleans. Goodyear has sufficiently alleged that it entered into a contract by email with the foreign carriers for the transport and handling of the rubber. Whether the litigants formed a contract, the terms of that contract and whether fraud is involved are all issues that may be resolved by discovery and possibly further litigation. At the current stage, Goodyear has alleged sufficient facts to state a claim that a contract was formed and breached.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: June 28, 2023, Case #: 2:22cv4561, NOS: Marine - Contract, Categories: admiralty, maritime, Discovery