... about and how it's used, it's much harder to come to the conclusion that the area used for jet skiing here is really under admiralty jurisdiction. Which, I think at least in part, is why Judge Miller came to a contrary conclusion than the panel. That, I might add, plus the potential injustice of having admiralty law govern what would ordinarily be a routine negligence claim; here, the defendant is trying use admiralty law to preempt a state law tort claim ...
July 2, 2009 11:23 am

New York Law Journal: State and Federal Decisions July 2, 2009

(New York Supreme Court Criminal Term Library Blog)
... is appropriate for petitioners on their disparate-treatment claim" Atlantic Sounding Co. Inc. v. Townsend ADMIRALTY â€" JONES ACT â€" PUNITIVE DAMAGES "Notwithstanding the Jones Act, punitive damages for the willful and wanton disregard of the maintenance and cure obligation remain available as a matter of general maritime law". Melendez-Diaz v. Massachusetts CRIMINAL PRACTICE â€" CONFRONTATION CLAUSE "Admission of certificates of state laboratory analysts, stating ...
July 2, 2009 01:23 am

New York Law Journal: Decisions of Interest June 26, 2009

(New York Supreme Court Criminal Term Library Blog)
... .nylj.com] Subscription required for online access unless otherwise noted: APPELLATE DIVISION FIRST DEPARTMENT Landlord/Tenant Law Renewal Options Clause of Lease Is Void Under EPTL 9; Plaintiffs, Subtenants, Are Month-to-Month Tenants Bleecker ... of Purpose Robles v. Goddard Riverside Community Center U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Admiralty Court Vacates Maritime Attachment for Failure To State Valid Maritime Claim Under English Law Kulberg Finances Inc. v. Spark Trading D.M.C.C ...
June 26, 2009 01:07 am
... ; (2) the common law tradition of punitive damages extends to maritime claims; and (3) there is no evidence that claims for maintenance and cure are excluded from this general admiralty rule. The Court noted that Congress has not enacted legislation departing from the above common law principles. More importantly, the Jones Act, which provides a vehicle for an injured employee to sue his employer/vessel owner, ...
June 25, 2009 06:17 pm
ADMINISTRATIVE LAW, ADMIRALTY, INJURY AND TORT LAW, REMEDIES Atlantic Sounding Co., Inc. v. Townsend, No. 08-214 In an action based on Defendant's alleged refusal to pay maintenance and cure to Plaintiff for injuries he suffered while working on Defendant's tugboat, the District Court's order holding that punitive damages were available is affirmed where punitive damages for the [...]
June 25, 2009 05:38 pm

Wuerth: The Captures Clause

(International Law Reporter)
... (Vanderbilt Univ. - Law) has posted The Captures Clause (University of Chicago Law Review, forthcoming). Here's the abstract: The Captures Clause of the United States Constitution gives Congress the power to "make Rules concerning Captures on Land and ... any detail. This Article does so, tracing the meaning of captures through British and Colonial Admiralty documents, prominent works of international law, the Revolutionary War and Articles of Confederation, and the drafting and ratification of the ...
June 21, 2009 05:06 pm

Notes from the Breadline (Part V)

(What About Clients?)
... " by "Roxanna St. Thomas". It's about her adventures, and all manner of newly-discovered emotions, after losing her job at a law firm some months ago in NYC. For a lawyer, she writes pretty well--especially about all those different colors of angry out there. Below are ... [sic] over it. Silence descends. Minutes tick by. He tells me that he handles a lot of regulatory matters for shipping companies. Have I ever worked on such matters? No, I answer, not specifically. How about admiralty? No again.
June 16, 2009 02:54 pm
ADMIRALTY, CONSTITUTIONAL LAW, OIL & GAS LAW, TRANSPORTATION Polar Tankers, Inc. v. Valdez, No. 08-310 In a Tonnage Clause challenge to an Alaska ordinance imposing a personal property tax on large oil tankers, judgment for Defendant is reversed, where the ordinance was unconstitutional because it was designed to impose "a charge for the privilege of entering, trading [...]
June 15, 2009 01:10 pm

Boating Accidents

(Cruise Ship Law Blog)
... such as water skiing, parasailing, diving, and fishing. If the accident occurs on navigable waters then admiralty and maritime law could apply. If the accident occurs on non-navigable waters (such as a small lake) then the laws of the state where the accident occurred would apply. Maritime and Admiralty Law often deal with the application of law to events that occur on navigable waters. If you or someone you love has been involved in a boating accident we invite you to speak directly with one ...
June 15, 2009 07:27 am
... ) On Friday, the Third Circuit (Scirica, Hardiman, Sloviter writing) issued an order addressing one of the most consistently litigated areas of copyright law. 17 U.S.C. 507(b) provides that "[n]o civil action shall be maintained under the provisions of [the ... at 17 U.S.C. § 507(b), the Supreme Court interpreted language similar to § 507(a)' s criminal limitations period in the Admiralty Act ("cause of action arises") to embody the injury rule. McMahon v. United States, 342 U.S. 25-26, 27 (1951); ...
June 10, 2009 06:00 am
... He is asking her about college courses she is taking. "I'm gonna go to law school when I finish?" she says blithely. "I think I want to do, like corporate ... t do it!" I want to shout. I want to tell her that it is a pipe dream; that the idea that law school will ensure a lucrative job or a secure future is a fantasy, or pure bullshit. The girl ... companies. Have I ever worked on such matters? No, I answer, not specifically. How about admiralty? No again. Well, he says, as though trying another tack, he ...
June 9, 2009 11:15 am

New York Law Journal: Decisions of Interest June 9, 2009

(New York Supreme Court Criminal Term Library Blog)
... Duty of Care Fourtounis v. MJB Service Station Inc. KINGS COUNTY Insurance Law No-Fault Benefits Unavailable Under New Jersey Policy Declared Void Ab Initio ... v. Imhof U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Attorneys' Fees Law Firm's Fees in Retaining Lien Reduced To Compensate for Duplication Inefficiencies Katz v. Image Innovations Holdings Inc. U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Admiralty Attachment Against Steel Cargo's Consignee Denied; Distortion of Rule B's Scope ...
June 9, 2009 01:20 am

Fun With Pseudonymous Blogging!

(South Florida Lawyers)
... demonstrates -- of course they do, particularly the Supreme Court. For example, the Supremes establish the common law regarding admiralty. They define the defenses to federal criminal charges. He mentions the standard for granting a preliminary ... tough cases (the kind that make it to the Supremes) are what the Justices expressly do and is a longstanding feature of American law, particularly given the vague texts or statutes that are often at issue. Just think about how federal antitrust law and ...
June 8, 2009 05:02 am

New York Law Journal: Decisions of Interest May 29, 2009

(New York Supreme Court Criminal Term Library Blog)
... COURT SOUTHERN DISTRICT OF NEW YORK Consumer Protection Sony TV 'Optical Block' Defect Action Dismissed; Warranty's Time Limit Not Unconscionable Meserole v. Sony Corp. of America Inc. U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Admiralty $3 Million Attachment Order Stands; Contracts Implicated Protection of Maritime Commerce Stemcor UK Ltd. v. Sesa International Ltd. U.S. DISTRICT COURT EASTERN DISTRICT OF NEW YORK Torts Fact Issues Exist in Cancer Patients' Medical Malpractice Claims; ...
May 29, 2009 02:05 am

Amelia Island Personal Injury & Boat Accident Lawyers

(Jacksonville Personal Injury Blog)
... with all vacation areas, with so many individuals partaking in so many different types of water sports and diversions, boat and watercraft accidents are bound to happen. When these Amelia Island personal injury accidents are the result of the negligence of others, the law offices of Farah and Farah can help represent your interests. Following a serious boating or offshore accident, a Florida boat accident lawyer at Farah and Farah can help you seek the financial recoveries you are entitled. By ...
May 28, 2009 06:40 pm

New Jersey Law Journal: State and Federal Decisions May 15, 2009

(New York Supreme Court Criminal Term Library Blog)
... in compliance with the then-existing annual recalibration protocol." LoBiondo v. Schwartz TORTS - SLAPP Suits "The common-law cause of action for malicious use of process is a viable response to Strategic Lawsuits Against Public Participation (SLAPP) suits." ... expenses the estate expects to incur in litigation beyond the three-year period." FEDERAL DECISIONS: In re Hlywiak ADMIRALTY - Collision - Damages "In the context of a maritime collision, total loss cases do not permit recovery for loss of ...
May 15, 2009 01:40 am

New York Law Journal: Decisions of Interest May 13, 2009

(New York Supreme Court Criminal Term Library Blog)
... of Housing Preservation and Development v. Li KINGS COUNTY Landlord/Tenant Law Landlord Fails to Specify Lease Provision Violated And Provide Unambiguous Termination Date ... v. Hennessey U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Insurance Law Policy's Pollution Exclusion Clause Ambiguous In Suit on Mercury Spill From Dentist's ... Greenwich Insurance Co. U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Admiralty Ticket Adequately Notified Cruise Passenger of Injury Claim's Time Limit; Action ...
May 13, 2009 01:45 am

How did it come to this?

(Houston's Clear Thinkers)
... , Judge Vinson claimed that he was upholding the justice system by showing that even a powerful judge is not above the law. Unfortunately, he undermined that same system by preventing the public from learning the details of the accusations against Kent and Kent' ... (see also here), and I heard the rumors about his alleged favoritism of certain Galveston lawyers, particularly in admiralty cases. In 2001, the Chief Judge of the Southern District of Texas took the unprecedented step of reassigning 85 ...
May 11, 2009 11:01 pm

New York Law Journal: Decisions of Interest May 4, 2009

(New York Supreme Court Criminal Term Library Blog)
... v. Bloomberg, defendants-appellees U.S. COURT OF APPEALS, SECOND CIRCUIT Election Law Circuit Upholds City Charter Amendment Extending Term Limits for Mayor, Officials Molinari, ... Warranted Padula v. Kensington Gardens Apt. Corp. NASSAU COUNTY Family Law Financial Problems Claim Not Unforeseeable; Request for Downward Modification Is Denied L.D. ... Plaza Corp. U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Admiralty Court Rejects Bid to Pierce Corporate Veil On Ground of Alleged 'Maritime Joint ...
May 4, 2009 01:29 am

New York Law Journal Decisions of Interest April 27, 2009

(New York Supreme Court Criminal Term Library Blog)
... otherwise noted: U.S. COURT OF APPEALS, SECOND CIRCUIT Legal Profession Law Firm's Reprimand Reversed But 'Abundant' Proof Found for Sanctions Against ... Financial Services Inc., plaintiff v. Scivantage, defendants* APPELLATE TERM Insurance Law Provider Fails to Lay Business Foundation, Fails to Establish Admissibility of Its Evidence Andrew ... Agricole Indosuez U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Admiralty Defendants' Alter Ego Relationship Noted; Maritime Attachment Order Not Vacated ...
April 27, 2009 01:40 am
 
 

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