In a case involving the applicability of the Carmack Amendment, Royal & Sun Alliance Insurance, PLC appeals the judgment entered by the United States District Court for the Southern District of New York (Hellerstein, J.). Consistent with the Supreme Court’s recent holding in Kawasaki Kisen Kaisha ...   MORE>>

Interlocutory appeal from an order of the United States District Court for the Eastern District of New York (Sifton, J.), entered on March 9, 2009, denying the Atlantic States Marine Fisheries Commission’s motion to dismiss the complaint in intervention and certifying to this Court the question of...   MORE>>

Dense fog off of Point Reyes, California, “the foggiest point on the Pacific coast.” K. Goodwin, Point Reyes Visions (2008). A covey of fishing vessels trolling for salmon in the fog. Afternoon, July 13, 2007, M/V Eva Danielsen departs San Francisco loaded with cargo destined for Portland. The E...   MORE>>

Hawaii Stevedores, Inc. petitions for review of a decision of the Benefits Review Board (BRB) affirming an Administrative Law Judge’s (ALJ) grant of disability benefits to Leslie Ogawa under the Longshore and Harbor Workers’ Compensation Act (Longshore Act), 33 U.S.C. §§ 901-950. We have juris...   MORE>>

Plaintiffs-appellants ProShipLine, Inc. and EP-Team, Inc. appeal from two district court decisions in favor of defendant-appellee Aspen Infrastructures Ltd. Both decisions involve a writ of maritime attachment that ProShipLine and EP-Team obtained against Aspen pursuant to Rule B of the Supplemental...   MORE>>

These cases concern through bills of lading covering cargo for the entire course of shipment, beginning in a foreign, overseas country and continuing to a final, inland destination in the United States. The voyage here included ocean transit followed by transfer to a rail carrier in this country. Th...   MORE>>

Plaintiffs brought suit against the CHIOS BEAUTY M/V and her owner and operator (together, “Defendants”) for damages sustained when the ship allided with Plaintiffs’ barges and tugboats, which were moored in the Mississippi near New Orleans during Hurricane Katrina. The district court found th...   MORE>>

In this case, we are asked to review the dismissal of an action seeking redress for injuries suffered in a deadly maritime accident off the coast of Mexico. However, at this time, we forego a ruling on the merits of the dismissal of this case for forum non conveniens. After plaintiffs filed this app...   MORE>>

A lot of child pornography cases come through our court, and most of them present fairly routine issues. This one, however, brings in tow a Fourth Amendment issue with important implications for the national security of the United States. When a foreign cargo vessel enters this country and is subjec...   MORE>>

Bollinger Shipyards, Inc. (“Bollinger”), petitions for review of an order of the Benefits Review Board (“BRB”) awarding benefits under the Longshore and Harbor Workers’ Compensation Act (“the LHWCA”) to Jorge Rodriguez (“Rodriguez”), an undocumented immigrant who fell and injured h...   MORE>>