Justia Admiralty & Maritime Law Opinion Summaries

A fire broke out on the passenger dive boat M.V. Conception during a scuba diving excursion in September 2019, resulting in the deaths of thirty-four people who were trapped below deck. The Coast Guard had inspected the vessel multiple times before the incident and had found it fit for service, not identifying any safety hazards related to electrical wiring, plastic trash cans, or plastic chairs. Personal representatives of the deceased and one injured survivor filed suit against the United States, alleging that the Coast Guard’s negligent inspection and failure to identify these hazards caused the tragedy.The United States District Court for the Central District of California was the first to review the case. The government moved to dismiss the action for lack of subject matter jurisdiction, arguing that the discretionary function exception to the Suits in Admiralty Act (SIAA) applied. The district court agreed, finding that the relevant statutes and regulations gave Coast Guard inspectors discretion in how to conduct vessel inspections and in determining what constituted hazardous conditions. As a result, plaintiffs’ claims were barred by the discretionary function exception, and the suit was dismissed.On appeal, the United States Court of Appeals for the Ninth Circuit affirmed the district court’s dismissal. The Ninth Circuit held that its prior precedent, Earles v. United States, which applies the discretionary function exception from the Federal Tort Claims Act (FTCA) to the SIAA, remained binding and had not been overruled by the Supreme Court’s decision in Thacker v. Tennessee Valley Authority. The court further found that no specific statute, regulation, or policy required the Coast Guard to identify the hazards alleged by plaintiffs, and that the inspection process involved discretionary, policy-based decisions. Accordingly, the discretionary function exception barred the suit, and dismissal for lack of subject matter jurisdiction was proper. View "Fiedler v. United States" on Justia Law

A jurisdictional dispute arose between the International Longshore and Warehouse Union (ILWU) and the International Association of Machinists and Aerospace Workers (IAM) over maintenance work at SSA Terminals in the Port of Seattle. Both unions claimed the right to perform the work under their respective collective bargaining agreements. SSA initially assigned the work to ILWU, but IAM threatened economic action, prompting SSA to seek a resolution from the National Labor Relations Board (NLRB). The NLRB assigned the work to IAM, leading ILWU to pursue a grievance against SSA, which an arbitrator upheld.SSA then filed an unfair labor practice charge against ILWU, alleging that ILWU's pursuit of the grievance violated section 8(b)(4)(D) of the National Labor Relations Act. ILWU defended itself by invoking the work-preservation defense, which protects primary union activity. The NLRB rejected this defense, stating it was not applicable in pure jurisdictional disputes where multiple unions have valid contractual claims. The NLRB ordered ILWU to cease and desist from pursuing the maintenance work at Terminal 5.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court held that the NLRB's position was foreclosed by its previous decision in International Longshore and Warehouse Union v. NLRB (Kinder Morgan), which established that a valid work-preservation objective provides a complete defense against alleged violations of section 8(b)(4)(D). The court vacated the NLRB's order and remanded the case for the NLRB to evaluate the merits of ILWU's work-preservation defense. The court also denied the petitions for review by IAM and the NLRB's cross-petition for enforcement. View "International Longshore and Warehouse Union v. National Labor Relations Board" on Justia Law

After James McIndoe died from complications related to mesothelioma, McIndoe's legal heirs filed suit against defendants, arguing that McIndoe’s exposure to asbestos-containing materials aboard their ships contributed to his death. The district court granted defendants' motions for summary judgment. The court agreed with the district court that McIndoe’s heirs cannot sustain an action for strict products liability premised upon the notion that the warships in question are themselves “products” under maritime law. The court also concluded that, although plaintiffs have established that there was a genuine issue of fact as to whether McIndoe was exposed to asbestos-containing materials originally installed upon such ships, plaintiffs have established no genuine issue of fact regarding whether any such exposure was a substantial factor in McIndoe’s injuries. Therefore, plaintiffs cannot prevail on their general negligence claims. Accordingly, the court affirmed the judgment. View "McIndoe v. Huntington Ingalls Inc." on Justia Law