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

[06/14] Weil v. Elliott
In a Chapter 7 bankruptcy trustee's adversary proceeding seeking revocation under 11 U.S.C. section 727(d) of a debtor's discharge on the ground that the discharge was obtained by fraud, the bankruptcy court's judgment grant of summary judgment to the trustee, revoking the discharge and dismissing the action is reversed where the one-year filing deadline imposed by section 727(e)(1) is not a jurisdictional constraint, but rather is a statute of limitations.

[06/12] Wells Fargo Bank, N.A. v. AMH Roman Two NC, LLC
In a bank-creditor's appeal of a bankruptcy court's order cancelling its deed of trust covering a piece of real property, two years after the court order and several months after the property was sold in foreclosure to a bona fide purchaser for value, the district court's denial of the creditor's motion to set aside the bankruptcy court's order is affirmed where, at every stage of this litigation, the creditor was in the best position to protect its interests, and failed to do so.

[06/06] In Re: Ross
In an appeal by Chapter 13 debtor appealing a broad filing injunction issued against him by the Bankruptcy Court after he and his wife used the bankruptcy process to stave off the sheriff's sale of their home, the filing injunction is affirmed where a bankruptcy court has the authority to issue a filing injunction even in the context of approving a debtor's 11 U.S.C. section 1307(b) voluntary dismissal because nothing in the Bankruptcy Code's express terms says otherwise.

[06/02] Quincy Medical Center v. Gupta
In a Chapter 11 bankruptcy case involving a hospital debtor, the district court's ruling that the bankruptcy court lacked subject matter jurisdiction over former-executive-plaintiffs' post-confirmation claims for severance payments against the purchaser of debtors' assets is affirmed where the bankruptcy court had no jurisdiction.

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