1) A seaman has a Jones Act negligence claim only against his employer, not against
the ship's master, 30.
2) Carmack Amendment does not apply to carriage between the United States and
a non-adjacent foreign country, 1.
3) Rule 69(a)(1) attachment may be executed against EFTs where bank acts as
beneficiary bank on behalf of defendant and no further transfer is contemplated, 46.
4) A choice of forum clause that would effectively deprive seaman of her day in
court is not valid, 90.
5) There is no admiralty tort jurisdiction under LHWCA while yacht is in a shed
on land, 120.
6) Bunker supplier may not maintain Rule B attachment against property of a
company to which it did not sell the bunkers, 245.
7) Divided Florida Dist. Ct of App. upholds passenger ticket choice of federal
court even though it precludes a jury trial, 263.
8) Second Cir. issues slightly amended version of its Hawknet decision on retroactivity of abolishing EFT attachments under Rule B, 305.
9) California statute requiring shipowners to hold pilots harmless or buy insurance
passes muster under federal law in N.D.Cal., 313.
10) If U.S. law does not apply to liability, S.D. Fla. holds that a DOHSA case
may be dismissed on forum non conveniens grounds, 393.
11) Floating homes that can be towed are vessels in the D.N.J., 404.
12) The ``rule of reason'' guides analysis of carrier's mitigation efforts to dispose
of abandoned cargo and stop demurrage in Second Cir., 442.
13) Ninth Cir. says the S.D.N.Y. could not order attachment of property located
on a ship in the W.D. Wash., 450.
14) A construction barge used to build a bridge is not a vessel for Jones Act purposes, 659.
15) A party may not create a material issue of fact to defeat summary judgment by an
affidavit that disagrees with the party's deposition testimony, 666.
16) A provision to apply admiralty or N.Y. law to a marine insurance policy will be upheld
unless it violates a strong public policy, 703.
17) The presence of an equitable reason to vacate a Rule B attachment does not require
the court to do so when the balance of equities weighs against vacatur as in
this case where there is a reasonable possibility that a judgment will not be
satisfied, 723.
18) A timely agreement to settle reached one day before the Second Cir. invalidated Rule
B attachments of EFTs in intermediary banks is upheld, 737.
19) The cap of the 1:1 ratio of punitive to compensatory damages used by the Supreme
Ct in Exxon Valdez is not fixed when extraordinary circumstances justify departure, 793.
20) Supreme Ct. holds an arbitration clause, agreed to be silent on whether class action
arbitration was permitted, does not allow such arbitration, 913.
21) District of Mass. finds Coast Guard regulations preempt State of Mass. requirements
for vessels transiting Buzzards Bay, 1025.
22) Consignee who received only the face of a B/L is bound by terms on the back in the
D.Ore., 1079.
23) United States Marshal's failure to write down and retain the names and bids of all
bidders is not ground to set aside a ship sale in the D.Md., 1118.
24) Fifth Cir. sees that Sup. Ct. has effectively overruled its precedent that a non-party
to an insurance contract cannot be forced to arbitrate with the insurer, 1143.
25) The 1972 Amendments to the LHWCA, by including charterer in the definition of
``vessel,'' did not change the rule that a time charterer without operational control
of a ship is not liable for injury to longshoremen caused by crew negligence, 1154.
26) Booking practice of a cruise line, including its web site, may prove terms of passenger's
ticket, 1167.
American Maritime Cases, Inc.
Mr. Martin L. Kappert American Maritime Cases, Inc. Meadow at
Woodberry 3600 Clipper Mill Rd - Ste 208 Baltimore, MD 21211
U.S.A.
