News

Case Summaries

Admiralty

[02/06] Mediterranean Shipping Co. v. Best Tire Recycling, Inc.
In a dispute arising out of a contract for the shipment of used tires from Puerto Rico to Vietnam, which accrued demurrage charges, port storage charges, and related administrative fees, apparently because it arrived late to Vietnam, the district court finding that defendant was the shipper, and therefore, pursuant to the bills of lading, was liable for the charges and fees to the carrier, is affirmed where was designated as the shipper on the bills of lading.

[12/23] Block Island Fishing, Inc. v. Rogers
In an admiralty action arising from plaintiff-employer's suit against defendant, an injured fisherman employed on one of its boats, to dispute the duration and amount of 'maintenance and cure' payments to which defendant is entitled under admiralty law, the district court's judgment is: 1) affirmed as to plaintiff's ability of offset overpayment against any damages that defendant may win at trial; and 2) reversed as to the district court's determination of a date on which plaintiff's obligations terminated because insufficient notice and opportunity to contest otherwise was given to defendant.

[11/22] Nevor v. Moneypenny Holdings, LLC
In a maritime personal injury case, the district court's award to plaintiff of compensatory damages for past and future harms, plus prejudgment interest, is: 1) affirmed as to the damages award; but 2) affirmed in part and reversed in part as to the award of interest where, in a question of first impression within this circuit, the district court was bound to follow Borges v. Our Lady of the Sea Corp., and its failure to do so constitutes reversible error.

[10/18] Hargus v. Ferocious and Impetuous, LLC
In a negligence action against the owner and captain of a chartered vessel, for injuries plaintiff sustained while aboard the boat, the District Court's judgment in plaintiff's favor is vacated where the tortious act giving rise to plaintiff's claim was insufficient to invoke maritime jurisdiction because the act was not of the type that could potentially disrupt maritime commerce.

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Bankruptcy Law

[09/14] In Re: CWS Enterprises
Affirming the judgment of the state court confirming the arbitration award of contingency fees in the case of a party who sought to avoid the judgment by creating spinoff companies and entering into bankruptcy proceedings where the bankruptcy court's use of the lodestar method to determine the reasonableness of the attorney fees claimed because the contract that provided for these fees was not unreasonable or unconscionable.

[08/31] In Re DBSI, Inc.
Affirming decisions by the bankruptcy court and district court that the Congress had unambiguously abrogated sovereign immunity as it relates to actions associated with bankruptcy, an abrogation that extends to derivative 'applicable laws' such as Idaho's Uniform Fraudulent Transfer Act and the government could not rely on sovereign immunity to prevent the avoidance of the tax payments at issue.

[08/29] BRE DDR BR Whittwood CA LLC v. Farmers and Merchants Bank of Long Beach
Reversing a trial court summary judgement for the landlord in an action to recover rents from a lender that had received the interest in property held by a tenant in foreclosure that argued it should only pay the amount owed for the period in which they were in possession and the court agreed that the purchase of the leasehold in the case, identified in a deed of trust by reference to a lease, did not constitute an express agreement to assume the obligations of the lease.

[08/25] Rezende v. Ocwen Loan Servicing, LLC
Affirming a district court judgment on the pleadings for the defense because a mortgagor lacks standing to bring a quiet title action as long as the mortgage remains in effect, the court correctly found some claims time-barred, while other claims lacked support for conclusory assertions, among other procedural defects.

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