Full disclosure: most of my practice involves LAND and not the ocean. We live on an island after all.In any event, on Friday, my partner Greg Kugle and I will be providing our annual Real Estate Litigation Update to the
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Edmund Fitzgerald: Investigating Marine Casualties
Today marks the 40th anniversary of the sinking of the M/V Edmund Fitzgerald on Lake Superior in 1975. It sank in rough weather, taking with it the lives of 29 officers and crew. Commemorative events are outlined here. With
Lawyer Hits the Road
When Contracts and Constitution Collide – Third Circuit Looks at the Tonnage Clause
And, in the Third Circuit, the contract wins.Among the arcane provisions of the U.S. Constitution is the tonnage clause which prohibits the states from laying "any Duty of Tonnage" without the consent of Congress. Roughly translated, states and local governments
Territorial Status Case Headed for Supreme Court
October 1st and the Supreme Court just granted hearing in several cases. Of note, to this humble island attorney, is the case of Puerto Rico v. Valle. Those pesky Insular Cases….(my posts here and here).This case arises from
Ninth Circuit – Guam Subject to Taxpayer Refund Lawsuit
The case is Paeste v. Government of Guam and the opinion can be found here.
Ninth Circuit – Jones Act is Constitutional
The Ninth Circuit struck down a challenge to the constitutionality of the Jones Act or Merchant Marine Act of 1920. The case was Novak v. United States and the opinion can be found here.The litigated component of the Jones
9th Circuit – California Shark Fin Law Not Preempted by Fed Fisheries Law
The Ninth Circuit rejected a challenge to California's Shark Fin Law, Cal. Fish & Game Code § 2021(b) which makes it "unlawful for any person to possess, sell, offer for sale, trade, or distribute a shark fin" in the state.
ABA Litigation Section – FREE Roundtable on Cotenancy Clauses in Retail Leases
The ABA Section of Litigation announced a free roundtable to discuss Cotenancy clauses after a recent decision by a California appeals court, Grand Prospect Partners, LP v. Ross Dress for Less. You can find the link for registration here
On Citizenship and Nationality – DC Circuit Revisits Insular Cases
Geography matters, but so do governments. If you live in a place that flies the American flag, should you be entitled to all of the privileges that are shared by all the residents of lands where that flag is flown?No,