Justia Admiralty & Maritime Law Opinion Summaries

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

A flag painted on the side of a vessel is not "flying" for the purpose of making a "claim of nationality or registry" under the Maritime Drug Law Enforcement Act, 46 U.S.C. 70502(e). In this case, the United States Coast Guard stopped a vessel in international waters and arrested the crew members aboard the vessel. The crew members argued that the United States lacked jurisdiction because the painted Colombian flag constituted a claim of nationality under section 70502(e)(2) that obliged the Coast Guard to ask Colombian officials about the vessel. The Fifth Circuit affirmed defendant's convictions for drug offenses, holding that the United States had jurisdiction over the vessel and its crew because the painted Colombian flag on its hull was not flying for the purpose of making a claim of nationality or registry. Finally, the court rejected alternative arguments. View "United States v. Obando" on Justia Law

The M/V Deep Blue purchased fuel from a supplier, the supplier purchased the fuel from an affiliate, and the affiliate subcontracted with Radcliff. Radcliff subsequently asserted a maritime lien on the Deep Blue in a bid to recover directly from the ship, giving rise to this litigation. The Fifth Circuit affirmed the district court's determination that Radcliff did not have a lien on the Deep Blue. Instead, a lien had arisen in favor of the global fuel supplier, and was duly assigned to ING Bank, an intervenor in the suit. View "Barcliff, LLC v. M/V Deep Blue" on Justia Law

The Eleventh Circuit affirmed the district court's denial of relief in an action brought by SCL Basilisk against Thorco for an order requiring the posting of a security by Agribusiness Savannah, Agribusiness United, Agribusiness United DMCC, and Sonada, in aid of a pending international arbitration in London, United Kingdom. The underlying petition arose out of a commercial dispute between the parties over the performance of a charter agreement. The court held that the relief sought by plaintiffs was not authorized by Rule B of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, Georgia law, or principles of maritime law. View "SCL Basilisk AG v. Agribusiness United Savannah Logistics LLC" on Justia Law

The Eleventh Circuit affirmed defendants' convictions under the Maritime Drug Law Enforcement Act (MDLEA), which criminalizes an individual's possessing with intent to distribute a controlled substance while on board a covered vessel. The court held that defendants' ship fit within the MDLEA's broad definition of a "vessel without nationality" because a designee of the U.S. Secretary of State has certified, and thereby "proved conclusively," that Guatemala had not "affirmatively and unequivocally" asserted that the ship was of Guatemalan nationality. The court explained that, under the clear terms of the MDLEA, that certification put the crime within the territorial coverage of the statutory prohibition, and the executive branch thereby effectively assumed responsibility for any diplomatic consequences of the criminal prosecution. The court held that defendant's remaining arguments were without merit. View "United States v. Lopez Hernandez" on Justia Law

In an in rem admiralty proceeding involving the wreckage of Spanish galleons, Fleet-Queens recovered approximately four hundred gold coins, among other treasures, from an area that Gold Hound had allegedly been salvaging while acting as a subcontractor for Fleet-Queens. Gold Hound filed suit claiming that this discovery was made using its proprietary maps and software, seeking to intervene in the in rem action to assert a maritime lien over some of these artifacts and to assert state law claims. The district court denied the motion to intervene and concluded that Gold Hound was not entitled to a maritime lien. The Eleventh Circuit held that the district court properly determined that it had and continues to have subject-matter jurisdiction over the res; Gold Hound should be granted leave to intervene in this proceeding to assert its in rem claims; and, on remand, the court deferred to the district court's discretion to determine whether to exercise supplemental jurisdiction over Gold Hound's state law claims. The court vacated the district court's denial of Gold Hound's motion to intervene and its denial of Gold Hound's claim to a maritime lien and remanded, because the court could not decide on the record whether Gold Hound may succeed because basic facts remain in dispute. View "Salvors, Inc. v. Unidentified Wrecked & Abandoned Vessel" on Justia Law