Justia Admiralty & Maritime Law Opinion Summaries
Nevor v. Moneypenny Holdings, LLC
Plaintiff, a former professional sailor, was an employee of Defendant, which owed a sailing vessel and motor support vessel. Plaintiff was injured during his employment. Plaintiff later invoked admiralty jurisdiction and sued Defendant in federal district court alleging negligence under the Jones Act and unseaworthiness under general maritime law. The district court awarded Plaintiff $1,460,458 in damages for loss of earnings and loss of future earning capacity and for pain, suffering, and mental anguish. The court subsequently granted Plaintiff’s motion to add prejudgment interest to the damages award. Defendant appealed, arguing that the damages award was excessive and that the prejudgment interest increment was inappropriate. The First Circuit (1) affirmed the award of damages, holding that the award was not excessive; and (2) affirmed in part and reversed in part the interest award, holding that the district court committed reversible error in failing to follow Borges v. Our Lady of the Sea Corp. in awarding prejudgment interest. View "Nevor v. Moneypenny Holdings, LLC" on Justia Law
DePerrodil v. Bozovic Marine, Inc.
Plaintiff filed a maritime tort action against Bozovic Marine for injuries arising out of plaintiff's being taken to a work site on a vessel operated by defendant, a third-party tortfeasor. Plaintiff suffered injuries to his back when the captain of the vessel failed to decelerate upon reaching the crest of an eight-to-ten foot wave. The district court concluded that Bozovic Marine was negligent for: failure to request that plaintiff go to the passenger area of the vessel; failure to stay apprised of the weather conditions; and erratic operation of the vessel. Therefore, the district court concluded that plaintiff was comparatively negligent for staying in the wheelhouse. Plaintiff received 10% liability and Bozovic Marine received 90%. The court concluded that the district court did not clearly err by assigning 90% of the liability to Bozovic Marine based on the trial record, including the captain's control over the vessel area. The court explained that the Longshore and Harbor Workers’ Compensation Act (LHWCA), 33 U.S.C. 901-950, medical-expense payments are collateral to a third-party tortfeasor only to the extent paid; in other words, under those circumstances, plaintiff may not recover for expenses billed, but not paid. Therefore, the court concluded that the district court erred in awarding the full amount billed. Finally, the court concluded that it was not clear error for the court to credit the vocational counselor’s expert testimony and award lost-wage damages until age 75. Accordingly, the court affirmed in part, vacated in part, and remanded. View "DePerrodil v. Bozovic Marine, Inc." on Justia Law
C.F. Bean, LLC v. Barhanovich
After Mark Barhanovich was killed in coastal waters south of Biloxi, Mississippi, Barhanovich’s estate filed claims against Bean. Mark died when the Suzuki outboard engine on his fishing boat struck an underwater dredge pipe, flipped into his boat, and struck him. Bean, responsible for dredging operations in the area, settled Barhanovich’s claims, and C.F. Bean, LLC pled guilty to one count of misconduct or neglect of ship officers in a criminal proceeding related to the same accident. While Barhanovich’s claims were pending, Bean filed a third-party complaint against SMC. After Barhanovich’s claims were settled, the district court excluded expert testimony put forth by Bean, and granted SMC’s motion for summary judgment against Bean. The court affirmed the exclusion of the expert's report; reversed the exclusion of the second expert report, notwithstanding its untimeliness; reversed the district court's grant of summary judgment because the district court ruled that Bean could not defeat summary judgment without expert testimony; and affirmed the district court's denial of Bean's motion to conduct additional testing on the motor. On remand, the court encouraged the district court to consider whether to reopen discovery, and to consider lesser sanctions for Bean’s untimeliness, such as costs and attorneys’ fees for SMC’s additional discovery. View "C.F. Bean, LLC v. Barhanovich" on Justia Law
Girard v. M/V "Blacksheep"
Plaintiff, a marine salvor, filed this action in rem against the Blacksheep, seeking a salvage award for services he provided to the yacht. The district court entered judgment against plaintiff, finding that he failed to show that his services were necessary to the rescue of the Blacksheep. The court concluded, however, that a claim for a salvage award does not require such a showing. In this case, the district court's findings and some facts from the record could support the conclusion that plaintiff's action contributed to saving the Blacksheep where he deployed his high-capacity dewatering pump; dove below the ship where he successfully pushed the propeller shaft twelve inches closer to its intended position; and applied packing material to prevent further flooding. Accordingly, the court reversed and remanded for further proceedings. View "Girard v. M/V "Blacksheep"" on Justia Law
Hargus v. Ferocious & Impetuous, LLC
Hargus and others rented F&I's 26-foot ship, One Love, to travel throughout the U.S. Virgin Islands. F&I had hired Coleman as a captain. At Cruz Bay, Coleman anchored close to the shore. Most of the passengers disembarked. Later, members of the group, standing on the beach approximately 25 feet away from the boat, threw beer cans at Hargus while he was standing on the One Love’s deck. Coleman threw an empty insulated plastic coffee cup that hit Hargus on the side of his head. Hargus did not lose consciousness, nor complain of any injury. One Love resumed its journey. Days later, Hargus, having experienced pain and vision impairments, was diagnosed with a concussion and a mild contusion. Hargus had previously suffered 10-12 head injuries. The doctor allowed Hargus to return to work that day without restrictions. Hargus did not seek further medical treatment until a year later, when he was examined for headaches, memory loss, mood swings, and neck pain. Hargus filed suit, claiming a maritime lien against the One Love, negligence, and negligent entrustment. The district court awarded $50,000, concluding that it had admiralty jurisdiction, that Coleman was negligent and that the One Love was liable in rem. The Third Circuit vacated, holding that the act giving rise to Hargus’ claim was insufficient to invoke maritime jurisdiction because it was not of the type that could potentially disrupt maritime commerce. The district court lacked subject matter jurisdiction. View "Hargus v. Ferocious & Impetuous, LLC" on Justia Law
United States v. Wilchcombe
Defendants Wilchcombe, Rolle, and Beauplaint appealed their convictions for conspiring to possess with intent to distribute and possessing with intent to distribute five kilograms or more of cocaine and 100 kilograms or more of marijuana while on board a vessel subject to U.S. jurisdiction. Rolle also appeals his conviction for failing to obey a lawful order to heave to his vessel of which he was the master, operator, and person in charge. The court rejected Wilchcombe’s and Rolle’s arguments that the court's interpretation of the Maritime Drug Law Enforcement Act (MDLEA), 46 U.S.C. 70503(a) and (b), and 70506(a), violates due process; the statement of no objection (SNO) in this case was sufficient to inform the United States that the Bahamian Government consented to the United States’ exercise of jurisdiction over Rolle’s vessel; while the evidence presented at trial suggests that the Coast Guard may have incorrectly informed the Bahamian Government about the registration documents provided by Rolle to the Coast Guard, there are multiple reasons why this inconsistency does not lead the court to fault the district court’s decision to exercise jurisdiction over defendants; the evidence is sufficient to sustain Wilchcombe’s convictions for conspiring to possess with intent to distribute and possessing with intent to distribute under the MDLEA; the district court did not abuse its discretion in declining to grant a mistrial as to Beauplant and Rolle; the district court properly denied Beauplant's motion to dismiss; and the district court did not abuse its discretion by permitting a DEA agent to testify regarding Beauplant's prior 2010 arrest. Accordingly, the court affirmed the judgment. View "United States v. Wilchcombe" on Justia Law
Moench v. M/V Salvation
Plaintiffs filed suit against Marquette after a towing vessel owned by Marquette allided with a private vessel owned by the Trust. The district court awarded damages and attorneys' fees against Marquette. The court concluded that the district court did not clearly err in finding that the cost of repairing the severely damaged private vessel exceeded its pre-casualty value and, therefore, the private vessel was a constructive total loss. The court also concluded that the district court did not err in refusing to allow expert testimony from Larry Strouse regarding the pre-casualty value of the private vessel where the testimony was admittedly cumulative and any error did not affect Marquette's substantial rights. Finally, the court concluded that the district court did not abuse its discretion in awarding attorneys’ fees as a sanction and by declining to make further downward adjustment to the fee award. Accordingly, the court affirmed the judgment. View "Moench v. M/V Salvation" on Justia Law
NY Shipping Ass’n, Inc. v. Waterfront Comm’n of NY Harbor
The Waterfront Commission of New York Harbor is a bi-state corporate and political entity created by interstate compact in 1953, after years of criminal activity and corrupt hiring practices on the waterfront N.J.S. 32:23-1; N.Y. Unconsol. Laws 9801. In 2013 the Commission opened its Longshoremen’s Register to accept applications for 225 new positions, requiring shipping companies and other employers to certify that prospective employees had been referred for employment compliant with federal and state nondiscrimination policies. Rejecting a challenge, the district court held that the Commission had acted within its authority and had not unlawfully interfered with collective bargaining rights. Such rights were not completely protected under the language of the Compact. The Third Circuit affirmed, noting that opponents had ample notice and opportunity to be heard with respect to the nondiscrimination amendment. Compact Section 5p-(5)(b) clearly provides for inclusion of registrants under “such terms and conditions as the [C]ommission may prescribe.” View "NY Shipping Ass'n, Inc. v. Waterfront Comm'n of NY Harbor" on Justia Law
Alberts v. Royal Caribbean Cruises, Ltd.
Plaintiff, a United States citizen, worked as the lead trumpeter on a passenger Royal Caribbean cruise ship. The ship is a Bahamian flagged vessel with a home port in Fort Lauderdale, Florida. Royal Caribbean, the operator of the vessel, is a Liberian corporation with its principal place of business in Florida. After plaintiff became ill while working for Royal Caribbean, he filed suit alleging unseaworthiness, negligence, negligence under the Jones Act, maintenance and cure, and seaman’s wages and penalties. Royal Caribbean moved to compel arbitration, and the district court granted the motion. This appeal presents an issue of first impression: whether a seaman’s work in international waters on a cruise ship that calls on foreign ports constitutes “performance . . . abroad” under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 9 U.S.C. 202. The Convention makes enforceable an arbitration agreement between United States citizens if their contractual relationship “envisages performance . . . abroad.” The court affirmed the order compelling arbitration of the dispute because a seaman works abroad when traveling in international waters to or from a foreign state. View "Alberts v. Royal Caribbean Cruises, Ltd." on Justia Law
Baker v. DOWCP
Petitioner worked as a marine carpenter and was injured while building a housing module designed for use on a tension leg offshore oil platform (TLP) named Big Foot. On appeal, petitioner challenges the Benefits Review Board's decision affirming the denial of benefits under the Longshore and Harbor Workers' Compensation Act (LHWCA), 33 U.S.C. 901-950, and the Outer Continental Shelf Lands Act (OCSLA), 43 U.S.C. 1331-1356. Big Foot, like other TLPs, is a type of offshore oil platform used for deep water drilling; the parties concede that Big Foot was not built to regularly transport goods or people. The court agreed with the ALJ that petitioner was not covered by the LHWCA because he was not engaged in maritime employment as a shipbuilder, based on his determination that Big Foot is not a “vessel” under the LHWCA. The court also concluded that, based on the specific facts of petitioner's employment, his injury does not satisfy the substantial nexus test and is not covered under the LHWCA as extended by the OCSLA. Accordingly, the court affirmed the judgment. View "Baker v. DOWCP" on Justia Law