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

[07/26] Crossroads Investors, L.P. v. Federal National Mortgage Association
Reversing the trial court's denial of an anti-SLAPP motion filed by the defendant, Fannie Mae, in an action brought against them for wrongful foreclosure, breach of contract, fraud, and other torts because the complaint arose form their exercise of their rights to free speech and petition.

[07/19] Vargas-Colon v. Fundacion Damas, Inc.
Affirming district court judgments for the defendants in a procedurally and factually complicated claim involving the bankruptcy of a hospital liable to the plaintiff and other parties for settlements of medical malpractice claims because claims presented by the disabled child's brothers lacked allegations that could support their claims and the primary plaintiff failed to challenge either ground invoked by the district court in its dismissal.

[07/19] In Re SemCrude L.P.
Affirming a summary judgment for downstream purchasers of oil in a Chapter 11 case where the downstream purchasers took measures to protect themselves against the company's insolvency while oil producers failed to do so, holding that the precautions taken by the downstream purchasers did not entitle the oil producers to the full repayment received by the downstream purchasers.

[07/13] Pinnacle Restaurant at Big Sky v. CH SP Acquisitions
Affirming the district court's judgment affirming the bankruptcy court's decision that a bankruptcy trustee's sale of a debtor's property was free and clear of unexpired leases.

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