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AMC Newsletter with Recent Cases of Particular Interest


Recent Cases in ADOBE pdf Format

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Cases of Particular Interest:

1) Sompo Japan wins in the S.D.N.Y. for unlimited damages under the Carmack Amendment, 1217.

2) In addition to binding a shipper to a carrier's limited liability, a freight forwarder can bind shipper to carrier's forum selection terms, 1236.

3) Dredge day worker who camped in employer's parking lot for his own purposes cannot prove he was in the service of the ship because the West Nile Fever he caught likely came form a mosquito that bit him while camping, 1331.

4) Late filing of petition to limit liability saves D.Haw. from determining whether a kayak is covered by the Limitation of Liability Act, 1382.

5) Second Cir. affirms that City of N.Y. cannot limit its liability for crash of Staten Is. Ferry into pier, 1389.

6) Draft Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea, as prepared by UNCITRAL Working Group III, 1473.

7) Supreme Court punts on whether shipowner may be vicariously liable for punitive damages, but says they should not have exceeded Exxon Valdez compensatory damages under admiralty law, 1521.

8) Formula for allocating fault under Collision Convention of 1910 is set out by SDNY, 1561.

9) Seamen inventing injuries, while denying prior conditions, cause dismissals at discovery stage in Fla., 1627, 1636.

10) Canadian Ct. of App. reverses ruling that subcontracting railroad cannot limit damages to cargo owner, 1638.

11) Second Cir. approves second try at satisfying "pay first" rule in P & I policy of bankrupt shipowner, 1665.

12) Eastern District of Va. recounts Sudanese support of Al Qaeda, leading to bombing of USS Cole in Yemen, 1691.

13) Failure of foreign vessel to make entry in Oil Record Book for discharge on high seas becomes domestic crime when ship enters U.S. waters, 1746.

14) A "Misdirected Arrow" misses the target in S.D.N.Y., 1817.

15) Ninth Cir. holds that child support orders may grab a seaman's maintenance and cure payment, 1845.

16) Registration to do business and appointment of agent for service of process preclude a Rule B attachment in S.D.N.Y., 1866.

17) Insurance broker usually owes no duty in First Cir. to volunteer advice to shipowner on adequacy of P & I cover, 1892.

18) An overtaking vessel is not always mostly at fault for a collision in Ninth Cir., 1922.

19) State trial court does not apply a S.C. state anti-forum-selection-clause statute in an admiralty case, 2020.

20) Choice of state law in treasure salvage contract does not oust admiralty jurisdiction, 2054.




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.

Tel. 410-243-2426
Fax 410-243-2427
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