Justia Admiralty & Maritime Law Opinion Summaries

After plaintiff slipped and fell as he stepped down from a landing located on the outer deck of a cruise ship operated by NCL, he filed suit alleging that NCL negligently failed to warn passengers of the step down, and negligent failed to maintain and inspect the lighting in the area.The Eleventh Circuit affirmed in part and held that the district court did not abuse its discretion in striking a portion of the expert's First Supplemental Report and the entirety of the Second Supplemental Report. However, the court held that plaintiff raised a genuine issue of material fact regarding NCL's prior notice of the dangerous condition posed by the step down. Therefore, the court reversed and remanded the district court's ruling regarding the failure to warn claim. Finally, the court affirmed as to the negligent maintenance claim and held that the district court did not err in concluding that plaintiff failed to create a triable issue of fact on whether NCL had notice of the allegedly dangerous condition posed by the unilluminated lightbulb. View "Guevara v. NCL (Bahamas) Ltd." on Justia Law

Manufacturers produced equipment for three Navy ships. The equipment required asbestos insulation or asbestos parts to function as intended, but the manufacturers did not always incorporate the asbestos into their products, so the Navy later added the asbestos. Two Navy veterans, exposed to asbestos on the ships, developed cancer. They sued the manufacturers. The manufacturers argued that they should not be liable for harms caused by later-added third-party parts.The Supreme Court affirmed the Third Circuit in rejecting summary judgment for the manufacturers. The Court adopted a rule between the “foreseeability” approach and the “bare-metal defense,” that is "especially appropriate in the context of maritime law, which has always recognized a ‘special solicitude for the welfare’ of sailors." Requiring a warning in these circumstances will not impose a significant burden on manufacturers, who already have a duty to warn of the dangers of their own products. A manufacturer must provide a warning only when it knows or has reason to know that the integrated product is likely to be dangerous for its intended uses and has no reason to believe that the product’s users will realize that danger. The rule applies only if the manufacturer directs that the part be incorporated; the manufacturer makes the product with a part that the manufacturer knows will require replacement with a similar part; or a product would be useless without the part. View "Air & Liquid Systems Corp. v. DeVries" on Justia Law

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

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

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

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

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

In an action under maritime law, a boat owner filed suit against his friend, who was driving the boat when it crashed into a passenger ferry. After the friend died from his injuries, his wife filed suit against the owner and GGB, which owns the ferry. The owner filed a cross-claim against GGB and a counterclaim against the wife.The Ninth Circuit affirmed the district court's grant of judgment as a matter of law to the owner. The panel applied maritime law and held that a boat owner who is a passenger on his boat has no duty to keep a lookout unless the owner-passenger knows that the person operating his boat is likely to be inattentive or careless or the owner-passenger was jointly operating the boat at the time of the accident. The panel also held that joint operation is not viewed over the course of the entire trip, but instead at the time immediately preceding and concurrent with the accident. View "Holzhauer v. Rhoades" on Justia Law

The Eleventh Circuit had interlocutory jurisdiction in this appeal from the denial of a warrant in rem for the arrest of a vessel. In this case, plaintiff filed a complaint against the vessel and others, alleging that he was entitled to enforce a maritime lien for damages arising from a maritime tort. The court held that plaintiff's claim for a maritime tort against the vessel fell within the admiralty jurisdiction of the district court and plaintiff was entitled to a warrant in rem. Accordingly, the court remanded with instructions to direct the clerk to issue a warrant in rem for the arrest of the vessel. View "Minott v. M/Y Brunello" on Justia Law

Grimsby invited Nancy to take a boat trip on Lake Erie. The boat hit a wave, jarring the passengers and injuring Nancy. In her suit, invoking the court’s diversity and admiralty jurisdiction, Nancy pleaded that “this action is not to be deemed an ‘admiralty and maritime claim’ within the meaning of” Rule 9 of the Federal Rules of Civil Procedure. In 2015, the district court held that the incident fell within the court’s admiralty jurisdiction, meaning that federal maritime law controlled the duty of care. In 2016, the court held that a boat hitting a wave did not count as a “collision” under the Coast Guard Navigation Rules. A jury subsequently found that Grimsby was not negligent. The court granted Nancy’s motion for a new trial, finding that the evidence did not support the verdict. Grimsby filed an interlocutory appeal, and Nancy cross-appealed, citing the interlocutory exception to the final judgment rule that applies to admiralty cases. The Sixth Circuit dismissed. The exception does not apply because Nancy chose to pursue claims under ordinary civil procedures. View "Buccina v. Grimsby" on Justia Law