AMC News Continued

9CIR – COMMERCIAL TRUCK DRIVER INJURED AT INTERMODAL FACILITY IS NOT COVERED UNDER LHWCA BECAUSE FACILITY’S FUNCTIONAL CONNECTION TO PORT IS TOO ATTENUATED UNDER THE SITUS TEST TO CONFER COVERAGE

11CIR - AFFIRMS INTERPLEADER JUDGMENT FOR BUNKER SUPPLIER ON STATE LAW QUANTUM MERUIT GROUNDS

11CIR - AFFIRMS ORDER STRIKING INJURED PASSENGER’S EXPERT WITNESS FOR FAILURE TO TIMELY DISCLOSE

4CIR – AFFIRMS CONVICTIONS AND SENTENCES ARISING FROM ILLEGAL DISCHARGES OF LARGE QUANTITIES OF OILY POLLUTANTS FROM THE VESSEL INTO OCEAN

3CIR - AFFIRMS DISMISSAL OF IN REM ACTION BASED ON BILL OF LADING FOREIGN FORUM SELECTION CLAUSE

6CIR –HOLDS INTERLOCUTORY EXCEPTION TO FINAL JUDGMENT RULE FOR ADMIRALTY CASES DOES NOT APPLY BECAUSE BUCCINAS CHOSE TO PURSUE THEIR CLAIMS UNDER ORDINARY CIVIL PROCEDURES

FEDCIR – HOLDS GOVERNMENT CANNOT BE LIABLE ON TAKINGS THEORY FOR INACTION AND GOVERNMENT ACTION WAS NOT SHOWN TO CAUSE FLOODING DURING HURRICANE KATRINA

EDNY -  IN DENYING SUSPENDED MIDSHIPMAN'S PRELIMINARY INJUNCTION APPLICATION, UPHOLDS MERCHANT MARINE ACADEMY DISCIPLINARY REGULATIONS UNDER ADMINISTRATIVE PROCEDURES ACT

SDGA – DENIES MOTION TO QUASH SUBPOENA FOR 28 U.S.C. § 1782 DISCOVERY IN AID OF LONDON MARITIME ARBITRATION ASSOCIATION PROCEEDING

DME – HOLDS THAT CUSTODIAL EXPENSES ACCRUED BY VESSEL DURING ARREST SHOULD BE SHARED BY CLAIMANTS1CIR - AFFIRMS AWARD OF EMOTIONAL DISTRESS DAMAGES WITHOUT PHYSICAL IMPACT BASED ON ZONE OF DANGER TEST

1CIR - AFFIRMS AWARD OF EMOTIONAL DISTRESS DAMAGES WITHOUT PHYSICAL IMPACT BASED ON ZONE OF DANGER TEST

DNJ –  3-YEAR MARITIME TORT STATUTE OF LIMITATIONS APPLIES TO REGATTA INJURY CLAIM AND IS NOT TOLLED BY STATE LAW BASED ON AGE OF CLAIMANT

EDLA - ENFORCES NVOCC B/L NO-SUIT CLAUSE TO DISMISS COGSA ACTION AGAINST VOCC AND ITS STEVEDORE

3CIR – IN ATHOS I SAGA, AFFIRMS LOWER COURT’S JUDGMENT ON CONTRACTUAL SAFE BERTH WARRANTY CLAIM AND VACATES JUDGMENT ON NEGLIGENCE CLAIM

9CIR – ISSUES OPINION OF MAJOR IMPORT ON MANY ISSUES, INCLUDING M&C, MARITIME LIENS AND EXTINGUISHMENT OF LIENS, PLEADING UNDER FRCP 12 AND SUPP. ADM. RULE C, FAILING TO CONTEST IN REM JURISDICTION, THE INTERSECTION OF BANKRUPTCY LAW AND ADMIRALTY LAW

2CIR - REVERSING LOWER COURT HOLDS FFA IS A MARITIME CONTRACT

 SDTEX - DISMISSES OCEAN CARRIER'S COUNTERCLAIM HOLDING BILL OF LADING INDEMNITY CLAUSE INVALID UNDER COGSA

11CIR - APPLIES KIRBY TO ENFORCE DOWNSTREAM CARMACK CARRIER'S LIABILITY LIMITATION

4CIR – AFFIRMS DISTRICT COURT’S ORDER DISMISSING IN REM ADMIRALTY ACTION WITHOUT PREJUDICE FOR FAILURE TO PROSECUTE

5CIR -  AFFIRMS LACHES VACATUR OF VESSEL ARREST IN FUEL SUPPLY LIEN DISPUTE

11CIR – AFFIRMS DISMISSAL OF CLAIMS FOR NEGLIGENCE, FRAUD IN THE INDUCEMENT AND FRAUD BY CONCEALMENT FILED BY MINOR FEMALE PASSENGER WHO DRANK ALCOHOL AND WAS SEXUALLY ASSAULTED IN MALE TEENAGED PASSENGER’S STATEROOM

NDCAL – IN SERVICE CONTRACT VOLUME DISPUTE GRANTS NVOCC'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION

2CIR – HOLDS CONCLUSORY PLEADING SAYING THAT ATTACHABLE PROPERTY IS LIKELY TO BE HELD BY THE NAMED GARNISHEES IS INSUFFICIENT TO MEET THE REQUIREMENTS OF RULE B

EDNY - TEXTING BY WATER TAXI'S CAPTAIN PRIOR TO IMPACT PROVIDES BASIS FOR DENIAL OF EXONERATION OR LIMITATION FOR COLLISION INJURY CLAIMS

5CIR –IN MOORING MASTER'S ACTION AGAINST FORMER EMPLOYER AFFIRMS PERSONAL JURISDICTION DISMISSAL WITHOUT SUBJECT MATTER JURISDICTION DETERMINATION

EDLA -  IN CARGO CONTAMINATION ACTION DENIES SURVEY CO. LIABILITY EXCLUSION BUT ENFORCES LIMITATION CLAUSE

EDVA - IN MARINA RESORT DISPUTE AWARDS MARITIME WHARFAGE LIEN AGAINST CONDOMINIUM OWNERS' YACHT

DCONN -  MOTION TO DISMISS COUNTERCLAIM DENIED IN THE ABSENCE OF FACTUAL ALLEGATIONS AS TO CARMACK OR COGSA PREEMPTION