Legal and Firm News

Case Summaries

Admiralty

[01/12] Bowers v. Whitman
In an appeal from an order of dismissal by the district court, order is affirmed where Oregon's modification of the remedies available under Measure 37 is not a constitutional taking because: 1) any potential property interest that plaintiffs had for compensation or a specific type of land use under Measure 37 had not vested; and 2) Measure 49 does not contravene substantive due process, as it does not implicate fundamental rights or fail rational basis scrutiny.

[12/15] MLC Fishing, Inc. v. Velez
Dismissal for want of federal admiralty and maritime subject matter jurisdiction over fishing vessel owner's complaint seeking exoneration from or limitation of liability pursuant to the Exoneration and Limitation of Liability Act is affirmed where: 1) slip-and-fall accident that took place on a ramp leading from the marina to a floating dock that passengers were required to traverse in order to access the vessel did not occur on or over navigable waters; and 2) the Act did not provide an independent basis for federal jurisdiction.

[12/14] F.C. Wheat Maritime Corporation v. US
In an appeal from the district court's award of damages to appellants' in a dispute arising from an allision between a United States Army Corps of Engineers vessel and a private yacht owned by the appellants, judgment is affirmed over appellants' various challenges to the court's determination of damages due them.

[12/13] India Steamship Co. Ltd. v. Kobil Petroleum Ltd.
In a Rule B maritime attachment and garnishment action to secure an arbitration judgment against the charterer of a damaged oil tanker, the district court's order vacating the attachment of a check released to the charterer from the Southern District’s Court Registry Investment System (CRIS) is affirmed, as the CRIS check, which represented the proceeds of electronic funds transfers that are beyond the reach of the district court, is not properly subject to attachment.

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Injury & Tort Law

[02/07] Getchell v. Rogers Jewelry
In a slip-and-fall action, summary judgment in the defendant's favor is reversed, where the plaintiff produced evidence from which a reasonable inference could be drawn that the dangerous condition was created by the negligence of the defendant or its employees, so that the defendant could be charged with notice of the dangerous condition.

[02/03] Pennsylvania National Mutual Casualty Insurance Co. v. Roberts
In a suit brought by an insurer seeking a declaratory judgment that it was required to indemnify its insured for no more than 40 percent of a state court judgment because it had covered its insured for no more than 40 percent of the time in which the state court plaintiff was exposed to lead poisoning, the district court's judgment is: 1) affirmed in part, where it was correct in allocating the insurer's liability using the pro-rata time on-the-risk, and its decision to use the plaintiff's date of birth as the starting point for the period in which she was exposed to lead poisoning was sound; and 2) reversed in part, where the district court erred in holding the insurer liable for 24 months of coverage rather than 22, since under the insurance contract, coverage ended when the property was sold.

[02/02] Lore v. City of Syracuse
In a case alleging illegal retaliation against a city police officer under Title VII and the New York State Human Rights Law (HRL) because of her complaints of gender discrimination, the district court's judgment is: 1) affirmed in part where the city's arguments regarding the availability of reputation damages, evidentiary and instructional errors, and excessive damages for emotional distress presented no basis for disturbing the judgment; and 2) vacated in part where there was merit in plaintiff's contentions regarding the liability of the city's corporation counsel, and the district court erred in dismissing her principal gender discrimination claims under the HRL on the basis that she had suffered no materially adverse employment action.

[02/01] Maxton v. Western States Metals
In a suit alleging negligence and strict liability causes of action based on personal injuries as a result of working with metal products manufactured by the defendants and supplied to the plaintiff's employer, the district court's judgment in favor of the defendants on demurrers is affirmed, where: 1) the metal products involved were not inherently dangerous, and no other circumstances justified imposing liability on the defendants for the plaintiff's injuries under the component parts doctrine; 2) the plaintiff did not meet his burden of showing there was a reasonable possibility that the deficiencies in the complaint could be cured by amendment.

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