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
Spears v. Kajima Engineering & Construction, Inc.
Ninth Circuit Court of Appeals
Aug. 21 2002
Jones Act: Worker injured on vessel which was anchored to the harbor bottom &
secured by a headline to shore at all times that he worked on it was not a
"seaman' under Jones Act or general maritime law.
www.metnews.com/
Northern Queen Inc. v. Kinnear
Ninth Circuit Court of Appeals
Aug. 7 2002
Limitation of Liability: On March 19, 1999, the F/V Lin J, owned by Northern
Queen Inc., sank while bringing its catch to harbor during stormy, icy
weather. The Capt. & crew were lost. Northern Queen commenced an action
seeking exoneration from limitation of its liability for the accident. The
Ninth Circuit held that because the captain failed to take adequate measures
to prevent water accumulation in the bilge he was responsible for the water
accumulation that led to the accident. Additionally, since the Capt.
satisfied all of the elements of the primary duty rule the captain's failure
to carry out his "consciously assumed" duties caused his death. For these two
reasons Northern Queen Inc. is not liable to the estate of the Capt. AFFIRMED.
http://caselaw.lp.findlaw.com/data2/circs/9th/
Torbet v. United Airlines
Ninth Circuit Court of Appeals
August 07, 2002
Search: Random search at an airport security checkpoint, of a carry-on bag
that has passed through an x-ray scan without arousing suspicion that the bag
contains weapons or explosives, is permitted under the 4th Amendment.
http://caselaw.lp.findlaw.com/data2/circs/9th/
Solomon v. Blue Chip Casino, Inc.
Indiana Court of Appeals
July 31, 2002 (2002 WL 1763935)
Jones Act: The court found the casino boat worker plaintiffs (a slot
representative and a table games specialist) could not pursue Jones Act
seaman claims against the vessel owner when the section of Trail Creek upon
which the casino boat is moored in not "navigable in fact." The boat was
situated in a "small, man-made, rectangular area of water that was dug out of
dry land connected to Trail Creek by a narrow and shallow opening." The court
found that while shallower draft recreational vessels may be able to, a
commercial vessel such as the casino boat could not transit this two and a
half feet deep section of Trail Creek out to Lake Michigan.
Written from wire stories, the Associated Press, Reuters, Hong Kong Shipping News Lloyds & other world sources.
The Cargo Letter Correspondents:
Michael S. McDaniel, Esq., Editor
(Countryman & McDaniel).
Cameron W. Roberts, Esq. (Countryman & McDaniel)
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
Written from wire stories, the Associated Press, Reuters, Hong Kong Shipping News Lloyds & other world sources.
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