Justia Admiralty & Maritime Law Opinion Summaries

Articles Posted in US Court of Appeals for the Fourth Circuit
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Addax filed an in rem action against the vessel to enforce a maritime lien under the Commercial Instruments and Maritime Lien Act (CIMLA) and Supplemental Admiralty Rule C. The vessel asserted that Addax's right to a maritime lien was extinguished when Addax settled its breach of contract claim with the charterer in a separate proceeding.The Court of Appeal first concluded that the district court correctly rejected the vessel's affirmative defense that Addax was not the party legally entitled to bring this claim. The court affirmed the district court's grant of summary judgment to Addax, concluding that the settlement agreement did not extinguish Addax's right to a maritime lien, and that Addax was entitled to enforce that right in the district court. The court explained that the settlement agreement does not reference the maritime lien, and includes no language limiting the obligations of the vessel or Addax's ability to pursue an in rem action to satisfy the debt. The court also rejected the vessel's arguments regarding the value of the lien, the expenses awarded to Addax, and the vessel's due process rights. View "Addax Energy SA v. M/V Yasa H. Mulla" on Justia Law

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The Fourth Circuit affirmed Oceanic and Oceanfleet's conviction and sentence for nine criminal offenses committed by the supervisory personnel of an oceangoing cargo ship owned and operated by defendants. The court held that the evidence was sufficient to prove corporate criminal liability where the jury could find beyond a reasonable doubt — with respect to any of the offenses in the Indictment — that any cargo ship crewmember was acting pursuant to corporate authority or with an intent to benefit Oceanic or Oceanfleet. The court rejected defendants' arguments that the sentencing court erred by grouping the various offenses; by failing to consider their independent financial conditions and separate abilities to pay the fines imposed; by imposing erroneously disparate fines on Oceanfleet compared to fines on similarly situated defendants; and by imposing a special condition of probation that improperly impacted related third parties. View "United States v. Oceanic Illsabe Limited" on Justia Law

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Plaintiff filed suit against Wauquiez Boats, alleging claims for breach of maritime contract and for products liability under the general maritime law. The district court dismissed the complaint under Federal Rule of Civil Procedure 12(b)(1) for failing adequately to demonstrate admiralty and maritime jurisdiction. However, plaintiff had filed an amended complaint under Federal Rule of Civil Procedure 15 roughly an hour before the district court filed its order dismissing the case. The Fourth Circuit reasoned that, because the amended complaint remained the operative complaint in the district court and was unaddressed by Wauquiez Boats or the court, the district court's order dismissing the original complaint and denying sanctions was not a final decision under 28 U.S.C. 1291. Accordingly, the court dismissed plaintiff's appeal and Wauquiez Boats' cross-appeal requesting sanctions, for lack of appellate jurisdiction. View "Fawzy v. Wauquiez Boats SNC" on Justia Law