105 results for 'nos:"Marine - Contract"'.
J. Guidry denies competing requests by a maritime employer and its employee to exclude testimony by one another’s expert in a personal injury case. The steersman, who allegedly suffered a back injury while performing deck work on a tug and barge fleet, has sufficiently established his expert’s testimony is based on his expertise and experience as a boat captain and that his testimony will be helpful to the jury. Likewise, testimony by the towing company’s expert, also an experienced riverboat captain, will be helpful to the jury because the case involves maritime matters that can assist a layperson.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: May 8, 2024, Case #: 2:22cv237, NOS: Marine - Contract, Categories: Civil Procedure, Jury, Experts
J. Ashe grants a request by the owner of an offshore supply boat to dismiss a purported expert for the vessel’s captain in his maritime personal injury case. While nobody challenges his qualifications as a mechanical engineer, both his report and deposition demonstrate his lack of expertise in naval architecture, marine engineering and vessel operations. He cannot offer expert opinions regarding the cause or effect of vessel “slamming” during offshore cargo operations that allegedly injured the captain.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: May 6, 2024, Case #: 2:23cv1712, NOS: Marine - Contract, Categories: Maritime, Negligence, Experts
J. Ashe grants summary judgment to a shoreside employer and against its loader-operator on spud barges, rejecting the employee’s claims he is entitled to a seaman’s status and benefits after he was knocked into a canal while unloading limestone from a barge. The employee is not a seaman because he did not engage in sea-based or seagoing activity and did not sail with his employer’s vessels. The undisputed evidence shows that the employee nearly always worked on vessels that were only a gangplank away from shore.
Court: USDC Eastern District of Louisiana , Judge: Ashe, Filed On: May 3, 2024, Case #: 2:23cv2570, NOS: Marine - Contract, Categories: Employment, Evidence, Maritime
J. Fallon finds an international commodity trading company based in the U.K. is entitled to $629,000 in unpaid invoices for fuel delivered to a cargo vessel in Spain. The fuel provider has not been paid by either of two charterers or the vessel. The vessel was arrested in the Port of New Orleans and released on a $775,000 bond. The commodity trader is provided to a maritime lien against the vessel’s owner for the unpaid fuel, plus interest and fees for a total amount of $722,000.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: April 25, 2024, Case #: 23cv595, NOS: Marine - Contract, Categories: Maritime, Damages, Banking / Lending
J. Summerhays awards $248,000 to a deckhand on a shrimp boat against the vessel’s owner for injuries sustained in an allision. The employer deliberately failed to investigate the seaman’s injury claim that the captain of the boat had been drinking and the vessel was traveling at approximately 40 mph when it struck an oil platform. The employer also failed to respond to the injured seaman’s suit and “callously” failed to provide the injured deckhand with medical benefits and living expenses during his recovery.
Court: USDC Western District of Louisiana , Judge: Summerhays, Filed On: April 18, 2024, Case #: 6:19cv1442, NOS: Marine - Contract, Categories: Employment, Maritime, Damages
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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. Fallon denies summary judgment to an oilfield service cleaning business on its failed argument that Louisiana law, not general maritime law, applies to its contractual dispute with an oil and gas exploration company. Maritime law applies to contractual indemnity provisions when the contract is a maritime contract. Therefore, under its master services agreement, the cleaning business must indemnify both an oil and gas exploration company and the owner of a movable jack-up rig in an injury action against the cleaning company's worker arising from a crane-related accident aboard the rig on the Outer Continental Shelf of the Gulf of Mexico.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: April 4, 2024, Case #: 2:23cv78, NOS: Marine - Contract, Categories: Energy, Choice Of Law, Contract
J. Kindred denies a longshoreman's negligence claim stemming from a shoulder injury he sustained when he slipped and fell while working aboard a vessel. "It is not reasonable for a professional longshoreman to expect an ice-free deck inside of a freezer hold when the hatch cover is open to the elements." The longshoreman's supervisor warned him that the decks would be slippery and instructed him to use extra care. "The cargo deck in question was not covered in ice and there was no ice or slick condition beyond the usual conditions."
Court: USDC Alaska, Judge: Kindred, Filed On: March 20, 2024, Case #: 3:20cv98, NOS: Marine - Contract, Categories: Maritime, Tort
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. 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. Saylor denies both an equipment company’s motion to dismiss in part a complaint brought against it by an investment firm, and denies the investment firm’s motion for partial summary judgment. The investment firm is not limited to an in rem proceeding if it wishes to obtain title to the vessels. Remaining interest that the creditors have in the vessels once debts have been satisfied hasn’t been considered yet, preventing summary judgment.
Court: USDC Massachusetts, Judge: Saylor, Filed On: March 12, 2024, Case #: 1:23cv11658, NOS: Marine - Contract, Categories: Debt Collection, Maritime
J. Vitter denies a request by the owner of an offshore oilfield platform to exclude the testimony of an injured worker’s liability expert because his opinions are allegedly based on insufficient facts or data. The expert’s testimony will help determine the facts in dispute at the non-jury trial. "It is the role of the adversarial system, not the court, to highlight weak evidence."
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: March 7, 2024, Case #: 2:22cv1222, NOS: Marine - Contract, Categories: Maritime, Experts
J. Vitter denies summary judgment to the owner of an offshore production platform on the argument it is not responsible for injuries a rig worker allegedly sustained on a chartered supply vessel carrying him to an oil platform. Two site leaders on the platform at the time of the incident testified that the rig owner has control over both the timing and the means by which a crew change occurs.
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: February 22, 2024, Case #: 2:22cv122, NOS: Marine - Contract, Categories: Employment, Maritime, Tort
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
J. Fallon, following a one-day trial of negligent damage claims by a shipyard against a family-owned marine facility located approximately 1,000 yards upstream, finds the litigant-facility is 65 percent responsible for damage to its own dock and two of its ships and the family-owned shipyard is 35 percent responsible for a breakaway vessel striking other maritime property during Hurricane Ida in 2021. The shipyard bears the most fault due to the number of deficiencies and the nature of flaws in its mooring arrangement of two vessels.
Court: USDC Eastern District of Louisiana , Judge: Fallon, Filed On: February 7, 2024, Case #: 2:22cv154, NOS: Marine - Contract, Categories: Evidence, Maritime, Damages
J. Walker grants the government's motion for summary judgment in a negligence suit. A sailor fought with a British sailor at a bar near the base, causing the sailor to suffer severe damage to his left eye. Despite repeated requests to be evacuated to the United States, the Navy said he was cleared to remain on duty. When he finally got back to the U.S. on leave, a doctor found a permanent injury that could have been prevented if he had surgery to repair the eye closer to the time of the incident. The claim is barred by sovereign immunity as it was the Navy doctors' judgment to clear him for work and deny his evacuation request.
Court: USDC Eastern District of Virginia, Judge: Walker, Filed On: February 6, 2024, Case #: 2:22cv527, NOS: Marine - Contract, Categories: Immunity, Negligence, Military
J. Zouhary grants the insurer's motion for summary judgment, ruling salvage expenses related to the sunken yacht are not covered by its policy, which includes a captain's warranty that provides coverage only if the vessel is being navigated by a single, named captain. Therefore, because the yacht's owner changed captains and failed to inform the insurance company, his claim was properly denied because the captain named in the policy was not operating the vessel at the time of its sinking.
Court: USDC Northern District of Ohio, Judge: Zouhary, Filed On: February 6, 2024, Case #: 3:21cv2047, NOS: Marine - Contract, Categories: Insurance, Maritime
J. Casper denies a maritime transportation company’s motion to strike a supplemental expert disclosure of a worker, allegedly injured by exposure to asbestos on its vessels, and denies its two motions for summary judgment against the worker. The worker’s higher ranking officers’ statements about asbestos on the vessels is not inadmissable hearsay because the statements relate to matters within the scope of their employment.
Court: USDC Massachusetts, Judge: Casper, Filed On: February 1, 2024, Case #: 1:21cv11246, NOS: Marine - Contract, Categories: Employment, Maritime, Asbestos
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