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The Court of Appeal affirmed the trial court's order dismissing plaintiff's complaint against Princess Cruise Lines. Plaintiff's action stemmed from injuries he suffered while he was a passenger on a cruise ship operated by Princess. The court held that the lack of a reporter's transcript did not require affirmances based on an inadequate record; although plaintiff's action was not filed "in a forum outside this state," the statutes governing forum non conveniens motions apply here to determine the enforceability of the forum selection clause; the forum selection clause in this case was mandatory and required that suit be brought in federal court; and the court rejected plaintiff's claims that the enforcement of the mandatory selection clause would be unreasonable. View "Korman v. Princess Cruise Lines, Ltd." on Justia Law

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The Fifth Circuit affirmed the district court's judgment in this maritime case involving an allision, holding that the owner of the stationary, "innocent" vessel does not have to be reimbursed for the medical expenses of an employee who fraudulently claimed his preexisting injuries had resulted from the allision. In this case, because the employee's back condition did not result from the allision, Enterprise Marine did nothing that caused or contributed to a need for maintenance and cure for that particular medical problem. Therefore, Enterprise Marine did not owe reimbursement for the back surgery. Furthermore, Enterprise Marine did not have a contractual obligation to reimburse where an agreement between the parties did not cover a situation in which it later became clear that the employee's claims were fraudulent. View "4-K Marine, LLC v. Enterprise Marine Services, LLC" on Justia Law

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Dimond was hired by a Chinese manufacturer to “rig, dismantle, wash, and pack,” and ship used automotive assembly-line equipment to China. Dimond, which lacked experience in international shipment, hired BDP. Dimond asserted that BDP did not disclose that it was not a licensed Ocean Transport Intermediary by the Federal Maritime Commission. In May 2011, BDP informed Dimond that it had obtained a ship and sent a booking note to Dimond. Between May and October 2011, Dimond dismantled and weighed the equipment and prepared a “preliminary" packing list. BDP allegedly provided the preliminary packing list when it obtained quotes from third-party contractors to load the Equipment. In October 2011, BDP notified Dimond that the ship was no longer available. Dimond asserted that BDP “without Dimond’s knowledge, consent or approval” hired Logitrans to perform BDP’s freight forwarding duties. BDP and Logitrans hired a ship. As a result of many ensuing difficulties, Dimond became involved in multiple lawsuits, including suits with its Chinese customer and the stevedores. Dimond sued BDP in July 2013 but never served BDP with the complaint. When the summons expired, the district court dismissed without prejudice. In August 2017, Dimond filed a Motion to Amend and Praecipe for Issuance of Amended Summons for its 2013 suit. The Sixth Circuit affirmed the denial of the motion. The suit was not timely filed within the one-year statute of limitations set forth in the Carriage of Goods by Sea Act. View "Dimond Rigging Co. v. BDP International, Inc." on Justia Law

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In an ancillary third-party forfeiture proceeding where Maritime Life asserted that it was given a security interest in the forfeited property, the Eleventh Circuit held that the district court committed harmless error in requiring Maritime Life to prove the authenticity of the collateral assignment that allegedly granted it a security interest in the forfeited property by a preponderance of the evidence. In this case, ample evidence supported the district court's finding on the ultimate question of authenticity and that finding controlled whether Maritime Life had an interest in the property. The court also held that, although the district court erred in permitting the Republic of Trinidad and Tobago to intervene in the forfeiture proceeding even though it had no legal interest in the property, the intervention did not affect Maritime Life's substantial rights and did not require reversal. Accordingly, the court affirmed the judgment. View "United States v. Maritime Life Caribbean Limited" on Justia Law

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The Fifth Circuit affirmed the district court's grant of summary judgment for the vessel owner in an action alleging that the vessel owner breached its duties under the Jones Act to provide plaintiff with prompt and adequate medical care after he suffered a stroke while working aboard the vessel. The court held that plaintiff failed to show that there was a genuine issue of material fact as to whether the vessel owner acted negligently by calling 911. Furthermore, there was no genuine issue of material fact as to whether the vessel owner was vicariously liable for the Teche Regional Medical Center physicians' alleged malpractice. View "Randle v. Crosby Tugs, LLC" on Justia Law

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The borrowed employee doctrine applies to employees under the Longshore and Harbor Workers' Compensation Act. A maritime worker who has collected statutory workers' compensation for her injuries may not further recover against a borrowed employer. The Ninth Circuit affirmed the district court's grant of summary judgment for a general contractor in an admiralty action brought by an injured maritime worker. The panel held that the general contractor was immune from suit under the one recovery policy at the heart of the workers' compensation law. In this case, the maritime worker was the general contractor's borrowed employee where her work was subject to its direction and control at all times. Therefore, the maritime worker was barred from bringing tort claims against the general contractor. View "Cruz v. National Steel and Shipbuilding Co." on Justia Law

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An interpleader defendant, NuStar, appealed the district court's partial final judgment rejecting its claims of entitlement to maritime liens against two chartered vessels. The district court ruled that NuStar was not entitled to maritime liens under the Commercial Instruments and Maritime Liens Act (CIMLA). The Second Circuit affirmed and held that the district court did not err in interpreting the CIMLA or ruling that maritime liens may not properly be granted based on principles of equity. The court held that NuStar's contentions as to the proper interpretation of the CIMLA was foreclosed by the court's recent decision in ING Bank N.V. v. M/V TEMARA, 892 F.3d 511 (2d Cir. 2018). Furthermore, the district court did not err by concluding that the exception to the general rule against a subcontractor's entitlement to a maritime lien did not apply to NuStar. View "Clearlake Shipping PTE Ltd. v. NuStar Energy Services, Inc." on Justia Law

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USOT appealed the district court's orders and partial final judgments rejecting USOT's claims that it was entitled to assert maritime liens against vessels owned or chartered by Hapag. The district court ruled that USOT's claims were governed by the Commercial Instruments and Maritime Liens Act and that physical suppliers who were subcontractors were not entitled to maritime liens. The Second Circuit affirmed the district court's judgment insofar as it concluded that USOT did not adduce evidence that it was ordered to provide the bunkers by Hapag or by an agent authorized by Hapag to order bunkers; affirmed the district court's conclusion that maritime liens cannot properly be conferred on the basis of equitable principles such as unjust enrichment; and vacated and remanded the district court judgment on the issue of whether Hapag directed that USOT be the physical supplier pursuant to the exception to the subcontractor rule. View "U.S. Oil Trading LLC v. M/V VIENNA EXPRESS" on Justia Law

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Plaintiff filed suit against NCL, the owner and operator of a cruise ship, alleging negligence claims after he fell down an emergency-exit hatch in an area designated for crew members only. The Eleventh Circuit held that plaintiff as a Canadian citizen and NCL as a Bermuda company, with its principal place of business in Florida, did not support the exercise of jurisdiction under 28 U.S.C. 1332(a)(2). However, the district court validly exercised admiralty jurisdiction over the case under section 1333(1). On the merits, the court affirmed the district court's dismissal of plaintiff's claim that the cruise line was negligent in over-serving him alcohol, holding that the claim was time-barred and the claim did not relate back. The court affirmed the district court's grant of summary judgment on plaintiff's claim that the cruise line was negligent for letting him fall down the hatch where NCL's uncontroverted record showed that no injuries similar to plaintiff's had been reported on any of NCL's ships in the last five years, and plaintiff failed to present sufficient evidence of negligence on the part of NCL's crew. View "Caron v. NCL (Bahamas), Ltd." on Justia Law

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In 2014, Vesuvius and ACBL entered into a shipping contract to transport olivine sand from New Orleans to Vesuvius’s Wurtland, Kentucky facility by river barge. The January 2015 shipment arrived at the discharge port on February 20. Vesuvius’s employees inspected the cargo, found it damaged by excess moisture, and notified ACBL. ACBL arranged for a surveyor to perform an inspection that same day. The surveyor found no structural defect in the barge and concluded that the sand was wet when it was loaded. In transit, some of that water evaporated, condensed on the overhead portion of the cargo space, and dripped back onto the sand. The surveyor filed his report with ACBL on February 23. ACBL promptly contacted Vesuvius to disclaim any liability. On February 1, 2017, Vesuvius filed suit. The Seventh Circuit affirmed dismissal of the case. The contract contained a clear limitations provision requiring the parties to bring disputes within four months of an incident. Standing on its own, the limitations provision might be ambiguous, but read in context with the rest of the contract, there is no question that Vesuvius was required to file suit no later than four months after it discovered the damage. View "Vesuvius USA, Corp. v. American Commercial Lines, LLC" on Justia Law