Recent Admiralty & Maritime Decisions

For a more detailed review of a particular case's holding and facts, please click on any of the citations highlighted below.

• 5th Circuit Expands Application of McCorpen Defense in Johnson v. Cenac Towing Inc., 2008 WL 4330553 (5th Cir. Sept. 24, 2008)
   
• The Fifth Circuit Court of Appeals holds that the presence of a company construction superintendent does not impute privity and knowledge to a company seeking exoneration from or limitation of liability. In Re Hellenic Inc., 252 F.3d 391 (5th Cir. 2001).
  
  
• The Fifth Circuit Court of Appeals holds that physical injury to a proprietary interest is a prerequisite to recovery of economic damages in unintentional maritime torts. Reserve Mooring, Inc. v. American Commercial Barge Line, L.L.C., 251F.3d 1069 (5th Cir. 2001).
  
  
• The Fifth Circuit Court of Appeals discusses the appropriate standard of care for a vessel operating in unfamiliar waters. Theriot v. U.S., 245 F.3d 388 (5th Cir. 1998).
  
  
• The Fifth Circuit Court of Appeals holds that the policy of allowing liberal joinder in maritime cases does not carve out an exception to the strict requirement under the Federal Arbitration Act that claims subject to an arbitration clause be stayed pending arbitration. Texaco Exploration and Production Co. v. AmClyde Engineered Products Co., Inc., 243 F.3d 906 (5th Cir. 2001).
  
  
• The Fifth Circuit Court of Appeals discusses the appropriate components of maintenance payments to a seaman. Hall v. Noble Drilling (U.S.) Inc., 242 F.3d 582 (5th Cir. 2001).
  
  
• The Eleventh Circuit Court of Appeals discusses what constitutes a "package" under the Carriage of Goods by Sea Act. Fishman & Tobin v. Tropical Shipping & Construction Co., 240 F.3d 956 (11th Cir. 2001).
  
  
• The Eleventh Circuit Court of Appeals discusses admiralty jurisdiction. Bunge Corp. v. Freeport Marine Repair, Inc., 240 F.3d 919 (11th Cir. 2001).
  
  
• As a matter of first impression, the Fifth Circuit determines whether the Harter Act is compulsorily applicable to the inland portion of carriage pursuant to a through bill of lading. Mannesman Demag Corporation v. M.V. Concert Express, 225 F. 3d 587 (5th Cir. 2000