The Court of Appeals published a decision in the Athos I oil spill. It is a consolidated case arising from a limitation action and an action to apportion liability for oil spill clean up costs, to the tune of $180
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Fifth Circuit En Banc Decision on Longshore Act
The Fifth Circuit, en banc, just reversed an earlier panel decision in a Longshore Act case which turned on the situs of the injury and whether it met the jurisdictional requirements of the Longshore and Harbor Worker Compensation Act.En Banc
New Ninth Circuit Admiralty Case – Himalaya Clause, Bills of Lading and Statutes of Limitation
The Ninth Circuit just issued a decision regarding guarantor liability for unpaid amounts following shipment of goods under several bills of lading.The case is Clevo, Co. v. Hecny Transportation, Inc. and the original opinion case be found here.From the
ABA Section of Litigation 2013
Hawaii Seeks Federal Permit for Statewide Fishpond Restoration
Background information here.
New Video: Federal Appeals – My Presentation to the Hawaii State Bar Appellate Law Section
On April 15, 2013, I was pleased to be on a panel discussing federal appeals. My co-panelists were Judge Rick Clifton of the Ninth Circuit Court of Appeals and Clare Connors of the Davis Levin Livingston firm. Lots of pointers
New Ninth Circuit Longshore Case – Is Suicide Compensable Injury?
I am in trial this week, but a very interesting case was just handed down by the Ninth Circuit Court of Appeals. The title is Kealoha v. Leeward Marine, Inc. and the opinion can be found here.The Longshore Act
Houseboat Redux – Eleventh Circuit Reinstates Lawsuit
According to this report in the Miami Herald ("Houseboat activist Fane Lozman wins again; says he will seek million from city over civil rights"), the fellow who recently prevailed in the U.S. Supreme Court in Lozman v. City
Honolulu Rail and the Uniform Relocation Act – Overview
Since most of my practice involves the use or transfer of land (and not water – sorry) and since there is a very, VERY large public transportation infrastructure project in development in Honolulu, we thought we would provide some of