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Latest from Surf and Turf Law - Page 6
Federal Safety Board Recommends New Regulations for Parasailing
Off we go, into the wild blue yonder?Parasailing: A neat experience for a vacationer or an industry in need of regulation?[Photo courtesy of wikiepedia commons].The National Transportation Safety Board issued a report entitled Parasailing Safety today. The NTSB issued
Second Circuit – U.S. Courts Can Enforce Judgments Involving Maritime Claims, Not Just Maritime Courts
In a classic admiralty, multi-country, CivPro wonky fashion, the Second Circuit Court of Appeals just issued a decision analyzing the basic jurisdiction of the federal courts to enforce foreign judgments arising from admiralty cases.The case is D'amico Dry Limited v. Priemera
The Power of the Pen – Monuments and Sanctuaries
The Washington Post ran an exclusive article this week reporting that President Obama is about to expand the Pacific Remote Islands Marine National Monument purportedly creating the world's largest marine sanctuary.Per the article: Under the proposal, according to two independent
More Punditry on Going Down with the Ship
The South Korean ferry disaster has spawned a lot of commentary on what Captains or Masters duties are with regard to sinking ships. My own take was here. And my take was: you don't have to be this guy.Today,
Honolulu Seeks Rehearing of Ninth Circuit’s Concealed Carry Firearm Permit Decision
The City and County of Honolulu just filed a Petition for Rehearing or Rehearing En Banc with the Ninth Circuit Court of Appeals in its defense of Honolulu’s concealed carriage of firearms laws. The case is Baker v. Kealoha and
Lore and the Law – Do Captains Have a Duty to Go Down With the Ship?
My short answer: Of course not.But…..News reports indicate that the captain of the Korean ferry that capsized got on to a lifeboat before passengers and the article asks if Captains do have to go down with the ship. This brings
Flora of the Desert
2nd Circuit – Maritime Rescue Doctrine and Seaman’s Injury
One of the joys of blogging is to be constantly on the hunt for the jewels of jurisprudence. The fun opinion! A recent admiralty case from the Second Circuit Court of Appeals actually uses the word lubberly.The case is
Commerce on Navigable Waters Issue Going to Supreme Court?
Can a state require a company to obtain permission to operate a vessel/business on a federal navigable waterway without violating the U.S. Constitution? Or, in lawyer speak, Is the “right to use the navigable waters of the United States” recognized in