The Cargo Letter
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The Cargo Letter |
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Section A: Section: Trade, Financial & Inland News|
Section B: FF World Air News |
Section C: FF World Ocean News | Section D: FF in Cyberspace |
Section E: The Forwarder Broker World
Christensen v. Georgia-Pacific Corp.
Ninth Circuit Court of Appeals
Feb. 2, 2002 .
LHWCA Holding: Christensen did present genuine issues of material facts for a
breach of duty & proximate cause in his complaints against Georgia-Pacific,
Southern Route Maritime, & Anglia Maritime; therefore, the district court
improperly granted summary judgment. The Longshore and Harbor Worker's
Compensation Act ("LHWCA") allows for recovery for a stevedore against his
employer & the owner of a vessel when negligence has caused damages. In this
case, each company was found to owe a separate duty to Christensen & the
trier of fact should have been allowed to hear the evidence and decide if
that duty had been breached. REVERSED & REMANDED.
Facts: Christensen was working as a stevedore, unloading boats in Coos Bay,
Oregon. There were two boats tied to one cleat, causing a dangerous
situation that was made worse by a storm. One of the boats became untied
from the cleat and Christensen helped pull the boat back into the
dock. Pulling the ship's line caused injuries to his back and he brought
suit against the dock owner, the vessel owner, and his employer.
http://caselaw.lp.findlaw.com/data2/circs/9th/0035922p.pdf
Yu v. Albany Insurance Co.
Ninth Circuit Court of Appeals
Feb. 7, 2002
Marine Insurance: Since the assured owner did not notify the underwriter
before the vessel's captain was replaced, thus breaching the hull policy's
"Captain Warranty" (which provided that the policy would be suspended when
the vessel's captain was replaced unless the underwriter had approved the new
captain in advance), the owner's claim under the policy for the total loss of
the fishing vessel due to sinking was properly denied.
http://www.admiraltylawguide.com/circt/9thyu.pdf
Please click below for other sections:
Section A: Section: Trade, Financial & Inland News|
Section B: FF World Air News |
Section C: FF World Ocean News | Section D: FF in Cyberspace |
Section E: The Forwarder Broker World
The Cargo Letter Correspondents:
Michael S. McDaniel, Esq., Editor
(Countryman & McDaniel).
Cameron W. Roberts, Esq. (Countryman & McDaniel).
Written from wire stories, the Associated Press, Reuters, Hong Kong Shipping News Lloyds & other world sources.
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