AMC News Continued

9CIR – ALLOWS SEAMAN’S PUNITIVE DAMAGE CLAIMS TO GO FORWARD IN GENERAL MARITIME UNSEAWORTHINESS ACTION

DME - DENIES MOTION TO DISMISS APPS CRIMINAL COUNTS FOR OIL RECORD BOOK VIOLATIONS

WDPA - RESTITUTIO IN INTEGRUM DAMAGES AWARDED BASED ON FAIR MARKET VALUE OF SUNKEN BARGE PRIOR TO BREAKAWAY INCIDENT

DME - WARRANTLESS BLOOD DRAW EVIDENCE RESTRICTED TO "OPEN DOOR" CROSS-EXAMINATION IN FEDERAL SEAMAN MANSLAUGHTER CASE

9CIR – HOLDS THERE WAS NEVER ANY AGREEMENT AS TO PURCHASE TERMS AND THE ALLEGED WRITTEN AGREEMENT FOR PURCHASE OF QUEEN OF SEATTLE VESSEL WAS NOT SIGNED BY SELLER NOR ITS BROKER

EDNY – JONES ACT DEATH BENEFITS CLAIM EXPIRED ON DEATH OF SEAMAN'S SOLE BENEFICIARY, BUT GENERAL MARITIME LAW UNSEAWORTHINESS CLAIM SURVIVES

5CIR – MODIFIES CRITERIA SET FORTH IN DAVIS & SONS, INC. V. GULF OIL CORP. FOR DETERMINING WHETHER CONTRACT FOR PERFORMANCE OF SPECIALTY SERVICES TO FACILITATE DRILLING OR PRODUCTION OF OIL OR GAS ON NAVIGABLE WATERS IS MARITIME AND ADOPTS MORE STRAIGHTFORWARD TEST CONSISTENT WITH SUPREME COURT’S DECISION IN NORFOLK SOUTHERN RAILWAY CO. V. KIRBY

EDNY - DENIES DEFAULT JUDGMENT AND DISMISSES GERMAN OCEAN CARRIER'S COMPLAINT IN DECLARATORY JUDGMENT ACTION AGAINST NON-APPEARING CARGO CLAIMANT SUING IN BRAZIL 

 9 CIR - AFFIRMS SUMMARY JUDGMENT IN FAVOR OF DEFENDANT IN CASE OF A THIRD-PARTY CONTRIBUTION AND INDEMNIFICATION ACTION ARISING FROM TUGBOAT FIRE BECAUSE PARTIES HAD SETTLED PRIOR TO A FACT-FINDER'S DETERMINATION OF FAULT AND PLAINTIFF EXPLICITLY RELEASED DEFENDANT FROM CLAIMS AS PART OF THE SETTLEMENT

9CIR – AFFIRMS COMMISSIONER'S ORDER AWARDING ATTORNEY FEES AND COSTS BECAUSE THE FEE SHIFTING PROVISIONS OF THE LHWCA DOES NOT TREAT FEE-APPLICATION AND FEE-LITIGATION WORK DIFFERENTLY 

SDCAL - DUTY OWED TO A REPAIR WORKER UNDER THE SCINDIA ACTIVE CONTROL DUTY MUST BE VIEWED IN THE CONTEXT OF WHAT WOULD BE REASONABLE FOR AN “EXPERT AND EXPERIENCED” SHIP REPAIR WORKER

EDLA - DENIES JONES ACT SEAMAN STATUS TO LAND-BASED EMPLOYEE OF CLEANING SERVICE INJURED ON PERMANENTLY MOORED WORK BARGE

3CIR - OVERTURNING HOME CIRCUIT PRECEDENT ENFORCES COLLECTIVE BARGAINING AGREEMENT PROVISION FOR UNEARNED WAGES WITHOUT OVERTIME PAY

SDFLA – REFUSES TO DISMISS LIMITATION ACTION BASED ON  CLAIMANT’S ALLEGATION THAT OWNER/OPERATOR OF VESSEL CANNOT OBTAIN LIMITATION AS HE WILL HAVE PRIVITY AND KNOWLEDGE OF ANY NEGLIGENCE BECAUSE PETITION STATES A CAUSE OF ACTION AND CLAIMANT MUST FIRST PROVE NEGLIGENCE OF  OWNER BEFORE PRIVITY AND KNOWLEDGE ISSUE IS ADDRESSED