27 results for 'cat:"Maritime" AND cat:"Contract"'.
J. Long compels arbitration of certain claims in a maritime cargo damage dispute related to shipment of 14,000 bags of cement from Port Said, Egypt, to a cement plant in Houston, Texas. The litigants’ agreement is valid and enforceable but does not stay the entire litigation.
Court: USDC Eastern District of Louisiana , Judge: Long, Filed On: April 9, 2024, Case #: 2:23cv788, NOS: Marine - Contract, Categories: Arbitration, maritime, contract
J. Brodie preserves a maritime contract and fraud lawsuit that alleges an international moving company hired a maritime shipping company to transport cargo to Israel, but failed to disclose that the recipient of the cargo had gone out of business, which ultimately resulted in $161,000 loss for the shipping company. There remain questions as to the moving company’s intent and whether it failed to comply with the contract when it refused to pay the costs incurred as a result.
Court: USDC Eastern District of New York, Judge: Brodie, Filed On: March 18, 2024, Case #: 2:20cv2130, NOS: Marine - Contract, Categories: maritime, contract
J. Males finds a lower court properly dismissed a Japanese owned container ship company's contract claims against a maritime salvage service. The container ship company argued that the salvage service did not perform one time salvage services, but instead performed services via a pre- existent contract. However, the salvage service sufficiently showed in court that that the container ship company is entitled to pay remuneration for successfully refloating the vessel. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Males, Filed On: March 15, 2024, Case #: CA-2023-798, Categories: maritime, Damages, contract
J. Fallon grants summary judgment to a New Orleans area river transportation company on its argument any liability it may incur for damage to steel coils shipped from Korea is limited to no more than $500 per coil, pursuant to provisions of a barge transportation agreement with an intermediary hired to transport the cargo from New Orleans to Illinois and Ohio. Because both barge transportation companies expressly agreed to the terms, the New Orleans-based business may enforce the limitation provision.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: March 15, 2024, Case #: 2:23cv27, NOS: Marine - Contract, Categories: Evidence, maritime, contract
J. Eagles grants an insurer’s motion for summary judgment following a claim dispute after a couple’s boat was involved in a crash. Following the couple’s claim, the company found discrepancies in their policy application, including the fact that the husband had undisclosed felony drug charges, which is true even though his wife claims she was unaware. This and other falsehoods null the policy completely and the company is not liable to pay on the couple’s claim.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: February 22, 2024, Case #: 1:22cv915, NOS: Marine - Contract, Categories: Insurance, maritime, contract
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J. Kindred grants the government's motion to dismiss breach of contract claims regarding cancelation of a contract to charter a vessel to recover oceanographic equipment in the Bering and Chukchi Seas. The court lacks jurisdiction, because the company failed to exhaust administrative remedies under the Contract Disputes Act.
Court: USDC Alaska, Judge: Kindred, Filed On: January 24, 2024, Case #: 3:23cv62, NOS: Marine - Contract, Categories: maritime, contract
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. Holland denies a marine vessel maintenance company's motion for summary judgment in a vessel repair contract dispute after a customer stopped payment on the check to cover repairs. The customer alleges in counter-claims that repairs were delayed and that they were overcharged. The company has not presented evidence of an agreement to settle the disputed account
Court: USDC Alaska, Judge: Holland, Filed On: November 28, 2023, Case #: 1:22cv6, NOS: Marine - Contract, Categories: maritime, contract
J. Snowden finds a lower court improperly dismissed a sister's contract claims against her brother, who is a co-owner of a Greek shipping vessel company. The brother argued that his sister, who owns a separate maritime establishment, was obligated to make payments on a new vessel, which he owned, in order to bail out his sinking company. However, the sister presented sufficient evidence in court that her brother, as part of the agreement, failed to indemnify her for millions of trading losses he incurred. Reversed.
Court: Her Majesty's Court of Appeal, Judge: Snowden, Filed On: November 10, 2023, Case #: CA-2023-175, Categories: maritime, contract
J. Gleason denies in part an individual's motion for partial summary judgment in a dispute over wages. The individual alleges that she was entitled to a 10 percent crew share of the catch for her work as a deckhand on a fishing vessel. The owners paid her 5 percent. A genuine dispute exists between the parties as to the wage they agreed upon.
Court: USDC Alaska, Judge: Gleason, Filed On: August 21, 2023, Case #: 3:23cv35, NOS: Marine - Contract, Categories: Employment, maritime, contract
J. Woodrow grants summary judgment in favor of the government in this appeal alleging that it caused delays in the construction of a lock end cell in the Mississippi River. The contractor says the government delayed construction of the protective structure of guidewalls at the entrance of the lock channel which, because of impending cold weather, required the contractor to install a costly thermal break to control concrete temperature. There is no evidence of a material misrepresentation. That another end cell was constructed during the summer months without the use of a thermal break is not a material fact.
Court: Armed Services Board Of Contract Appeals, Judge: Woodrow , Filed On: August 21, 2023, Case #: 62402, Categories: Government, maritime, contract
J. King grants the trust's motion to stay the insurance company's lawsuit seeking a declaration that it does not have to provide coverage for fire damage to the trust's vessel following a lightning strike, as the insurance company contends that the trust breached the policy's warranty by not properly maintaining the vessel’s fire extinguishing equipment. A stay is warranted in this case, because the insurance company is involved in a similar lawsuit in front of the Supreme Court in which it is using the same defense, and the U.S. Supreme Court's decision in that case will simplify and narrow the issues in this one.
Court: USDC Western District of Washington, Judge: King, Filed On: August 14, 2023, Case #: 2:21cv1241, NOS: Marine - Contract, Categories: Insurance, maritime, contract
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. Robart finds in favor of the scientific application company for its claim that the security brokers corporation owes $461,800 for using the research vessel known as "R/V OCEAN TITAN." The scientific application company performed its obligations under the charter as it timely delivered the R/V OCEAN TITAN for 20 days, the security brokers corporation agreed to pay $33,700 per day, and the security brokers corporation said that the research vessel was adequate.
Court: USDC Western District of Washington, Judge: Robart, Filed On: August 10, 2023, Case #: 2:21cv1712, NOS: Marine - Contract, Categories: maritime, Attorney Fees, contract
J. Southwick finds the district and bankruptcy courts properly concluded that a particular claim was not permitted in this suit brought by creditors against the debtor satellite communications network distributor. The distributor filed for bankruptcy after entering into an agreement with the provider by which it would receive a discount in exchange for a minimum number of customers brought to the provider through the distributor’s maritime service. All debts have been satisfied but the one claim for a shortfall of over $2 million for deployment services found not to be permitted. The termination agreement’s definition of “permitted claims” unambiguously requires a claim for payment by the provider for services delivered. The provider’s claim for the shortfall amount did not satisfy “delivery” requirements. Affirmed.
Court: 5th Circuit, Judge: Southwick, Filed On: August 3, 2023, Case #: 22-20274, Categories: Communications, maritime, contract
J. Kindred grants a company's motion for entry of default judgment against a vessel in a contract dispute where the company alleges it performed extensive renovations on the vessel but did not receive payment. The company has a valid lien against the vessel and no one has appeared to defend the vessel or claimed ownership of the vessel, therefore the necessaries lien against the vessel is foreclosed and the company shall recover the $2,258,582 it is owed from the vessel together with her engines and machinery.
Court: USDC Alaska, Judge: Kindred, Filed On: July 6, 2023, Case #: 3:22cv250, NOS: Marine - Contract, Categories: maritime, contract
J. Snyder grants a vessel owner's motion for summary judgment in a contract dispute with the cargo owner over aviation jet fuel taken by vessel from Singapore to California. The cargo owner accepted delivery of the cargo without confirming that the vessel owner had been paid for freight and related charges and has not paid the vessel owner under the bills of lading. The cargo owner is bound by the bills of lading and evidence establishes its "acceptance and actual receipt of the goods." The cargo owner is liable for payment of the freight and related charges.
Court: USDC Central District of California, Judge: Snyder, Filed On: June 28, 2023, Case #: 2:22cv1545, NOS: Marine - Contract, Categories: maritime, contract
J. Zilly dismisses without prejudice the passenger's claim 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 passenger does not identify what provision the cruise line allegedly breached other than the insufficient claim that cruise line is bound by its website's description of how its employees are “committed to providing a truly extraordinary experience for [its] guests." The passenger shall file any amended complaint on or before Jul. 28, 2023.
Court: USDC Western District of Washington, Judge: Zilly, Filed On: June 20, 2023, Case #: 2:23cv93, NOS: Marine - Contract, Categories: maritime, contract
J. Barbier, following a bench trial, finds that the owner of a twin-screw pushboat breached its contract with a shipyard for repairs, and owes the shipyard for work invoiced at $572,113. The ruling finds that the shipyard is entitled to prejudgment interest at a rate of 6% per annum from July 30, 2021, until paid.
Court: USDC Eastern District of Louisiana , Judge: Barbier, Filed On: June 7, 2023, Case #: 2:22cv1169, NOS: Marine - Contract, Categories: Evidence, maritime, contract
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
J. Kindred grants a vessel owner's motion for partial summary judgment in an employment dispute between a vessel owner and two deckhands. The vessel owner received additional USDA funds as part of the Seafood Trade Relief Program (STRP) for the fishing season but did not share these funds with the deckhands, who were paid their contracted share of the vessel's revenue from fish sold. The deckhands seek a share of the STRP payment. Based on the current contract, the deckhands are not entitled to a portion of the STRP payment.
Court: USDC Alaska, Judge: Kindred, Filed On: May 30, 2023, Case #: 1:22cv55, NOS: Marine - Contract, Categories: Employment, maritime, contract