AMC News Continued

11CIR –CRUISE PASSENGER WHO SLIPPED AND INJURED HERSELF WHILE PLAYING MUSIC TRIVIA GAME DID NOT PRESENT ANY EVIDENCE THAT DEFENDANT CRUISE SHIP BREACHED ANY DUTY OWED TO HER AND SUMMARY JUDGMENT IN FAVOR OF CRUISE LINE IS UPHELD

9CIR - HOLDS SPEEDBOAT OWNER-PASSENGER HAS NO LOOKOUT DUTY IN FERRY COLLISION DEATH ACTION

5CIR - FOLLOWS SECOND AND NINTH CIRCUITS IN ENFORCING HIMALAYA CLAUSE PROHIBITION OF CARGO SUITS AGAINST DOWNSTREAM CARRIERS

NDNY - VACATES LIMITATION INJUNCTION ALLOWING LONE CLAIMANT TO PROCEED WITH STATE COURT ACTION

NDOK - DISMISSES FOR LACK SUBJECT MATTER JURISDICTION LIMITATION PETITION WHICH DID NOT ALLEGE NAVIGABLE WATERS SITUS OF INJURY

SDNY - DENIES FORUM NON CONVENIENS MOTION IN JONES ACT CASE ARISING FROM INJURY IN BRITISH VIRGIN ISLANDS

NDIND - DEATHS ON MOORED PLEASURE CRAFT DUE TO CARBON MONOXIDE EMISSIONS AVAILS MARITIME JURISDICTION

NDCAL - ORDERS INTERLOCUTORY SALE OF YACHT IN REPAIRMAN'S MARITIME LIEN ENFORCEMENT ACTION

5CIR – APPLIES DOIRON AND HOLDS A CONTRACT TO DECOMMISSION AN OFFSHORE PLATFORM IS A MARITIME CONTRACT

2CIR – HOLDS O.W. DENMARK WAS A PROVIDER OF NECESSARIES UNDER CIMLA AND IS THEREFORE ENTITLED TO ASSERT A MARITIME LIEN AGAINST VESSEL AND UPHOLDS ORDER REDUCING SECURITY  

2CIR – HOLDS O.W. SWITZERLAND "PROVIDED" NECESSARIES UNDER CIMLA AND IS THEREFORE ENTITLED TO ASSERT A MARITIME LIEN AGAINST VESSEL AND CHEMOIL, AS SUBCONTRACTOR IS NOT ENTITLED TO ASSERT A MARITIME LIEN

2CIR – UPHOLDS LOWER COURT’S FINDING THAT AEGEAN DID NOT SUPPLY BUNKERS ON THE ORDER OF A CIMLA STATUTORILY AUTHORIZED PERSON AND THAT CLAIMS FOR UNJUST ENRICHMENT MUST BE BROUGHT IN PERSONAM

2CIR: AFFIRMS DISTRICT COURT'S REDUCTION OF SECURITY PURSUANT TO SUPPLEMENTAL RULE E (6) IN BUNKER LIEN DISPUTE

SDAL - APPLIES PROBABLE CAUSE STANDARD TO UPHOLD RULE B ATTACHMENT OF ALLEGED ALTER EGO'S VESSEL

TXCOA – REVERSES $2.8 MILLION JURY VERDICT IN FAVOR OF INJURED OFFSHORE DRILLER WORKER FINDING TRIAL COURT ERRED IN APPLYING WRONG LEGAL THEORY BECAUSE JURY CHARGE DIDN’T SUBMIT A PREMISES LIABILITY QUESTION

DCCIR - HOLDS THAT ARBITRATOR NEED NOT DISCLOSE "TRIVIAL" INTEREST IN A PARTY

 SDNY - DISMISSES DOCK CHECKER'S EMPLOYMENT DISPUTE CLAIMS AGAINST ILA

11CIR – REVERSED SUMMARY JUDGMENT ON CLAIM OF DUTY TO WARN IN FAVOR OF PASSENGER WHO SEVERED HIS FINGER WHEN A HEAVY METAL DOOR CLOSED ON HIS FINGER DURING HIGH WINDS

DCONN -  DISCUSSES RIGHT TO JURY IN CRUISE PASSENGER INJURY ACTION ASSERTING CLAIMS UNDER DIVERSITY AND ADMIRALTY JURISDICTION

11CIR – IN CRUISE SHIP PASSENGER INJURY CASE, OVERTURNS SUMMARY JUDGEMENT AND FINDS FACTUAL DISPUTE AS TO WHETHER CREWMEMBER KNEW OR SHOULD HAVE KNOWN ABOUT PUDDLE OF SOAP ON BATHROOM FLOOR AND WHETHER THAT CONDITION WAS OPEN AND OBVIOUS

SDNY - DENIES EX PARTE ORDER OF ATTACHMENT IN THE ABSENCE OF PLAUSIBLE ALLEGATION OF DEBT OWED BY, OR PROPERTY HELD BY, PROPOSED GARNISHEE

5CIR - JOINS THE SECOND AND ELEVENTH CIRCUITS IN HOLDING THAT THE PHYSICAL SUPPLIER OF BUNKERS DOES NOT HAVE A MARITIME LIEN

2CIR - VACATES SUA SPONTE GRANT OF SUMMARY JUDGMENT TO VESSEL IN BUNKER-SUPPLY LIEN DISPUTE

SDNY -  ADDRESSES PLEADING-STAGE MOTION ISSUES IN THE CONTEXT OF A VOCC’S CLAIM ARISING FROM A CONTAINER MISDELIVERY DISPUTE

2CIR - HOLDS HIGHER BURDEN OF PROOF REQUIRED TO SHOW PARTIALITY OF PARTY-APPOINTED ARBITRATOR IN REINSURANCE DISPUTE

FLORIDACOA – HOLDS DOHSA APPLIES TO DEATH MORE THAN THREE NAUTICAL MILES FROM SHORE EXCEPT “WITHIN THE TERRITORIAL LIMITS OF A STATE” WHERE IT WOULD OTHERWISE “AFFECT THE LAW OF A STATE REGULATING THE RIGHT TO RECOVER FOR DEATH.”

SDAL – FINDS IT DOES NOT TAKE TWO SEAMEN TO CHANGE A LIGHTBULB AND GRANTS SUMMARY JUDGMENT TO DEFENDANT

11CIR - REVERSES DENIAL OF MARITIME TORT LIEN ARREST WARRANT FOR INJURY ON VESSEL GANGWAY

EDLA – GRANTS DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AS PLAINTIFF’S SPECULATION ABOUT THE CAUSE OF THE ACCIDENT DID NOT RAISE A GENUINE ISSUE AS TO CAUSATION AND PLAINTIFF WAS INELIGIBLE FOR MAINTENANCE AND CURE BECAUSE OF MISSTATEMENTS IN MEDICAL QUESTIONNAIRES AT PRE-EMPLOYMENT PHYSICAL EXAMS