Representative Cases

  • Taurus Marine, Inc. v. Marin County, 2012 U.S. Dist. LEXIS 16285, 2012 AMC 317 (N.D. Cal. 2012).(Under the McDermott proportionate share rule in admiralty, settling defendants may not assert claims for contribution indemnity or based on an assignment against non-settling defendants because the settling defendant is deemed to have settled for its proportionate share of liability unless the settling defendant obtains a release of the other tortfeasors.)
  • Jerico Products v California Dept. of Transportation, 2009 U.S. Dist. LEXIS 98501, 2009 AMC 2032 (N.D. Cal. 2009). (Depreciation and betterment credits will reduce a claimant’s recovery for alleged allision damage to bridge fender.  Claimant bridge owner has the burden of proof with respect to the amount of those credits before it can recover any damages.)
  • Ramirez v. Butler, 2007 AMC 553 (Marin County, Cal. 2007).  (Under general maritime law, a lienholder has a right to self-help repossession of a liened vessel.)
  • The Nissan Fire & Marine Insurance Co. v. BAX Global Inc., 2008 U.S. App. LEXIS 12624 (9th Cir. 2008) (Hague Protocol, rather than the Warsaw Convention, applies to shipments between the United States and Hong Kong. The U.S. Senate’s 1999 ratification of Montreal Protocol No. 4 was as an accession to the Hague Protocol of 1955).
  • American IC Exchange, Inc. v. Federal Express Corp., 1999 U.S. App. LEXIS 10983 (9th Cir. 1999) (application of the Warsaw Convention to transportation by air between the United States and Taiwan).
  • Home Insurance Co. v. Siefert, 1998 U.S. App. LEXIS 22368 (9th Cir. 1998) (equitable contribution in subrogation action by sublessee’s insurer against lessor).
  • Edlin v. M/V TRUTHSEEKER, 69 F.3d 392; 1995 U.S. App. LEXIS 31115; 32 Fed. R. Serv. 3d (Callaghan) 1049; 95 Cal. Daily Op. Service 8528 (9th Cir. 1995) (Denial of appellate expenses was proper from a summary judgment grant in proceeding in rem, ordering mortgage foreclosure on vessel of promisors to pay off note to promisee where recovery was limited to supersedeas bond.).
  • Times Media Private Ltd. v. “Ville De Mimosa”; FTS Int’l, 2004 U.S. Dist. LEXIS 14090; 2004 AMC 700 (C.D. Cal. 2004)(Carrier was not entitled to vacate a default judgment in a shipper’s lawsuit for damage to shipped goods. The carrier’s failure to answer constituted culpable conduct, and it failed to offer a credible explanation for its failure to respond).
  • Vogt-Nem, Inc. v. M/V TRAMPER, 263 F. Supp. 2d 1226; 2002 U.S. Dist. LEXIS 26387; 2003 AMC 21 (N.D. Cal. 2002) (venue and enforcement of foreign forum selection clause in Rotterdam).
  • Igudesman v. Aircargo Handling Services, 1995 U.S. Dist. LEXIS 1589 (N.D. Cal. 1995)(application of the Warsaw Convention to cargo lost outside the boundaries of an international airport).
  • Comerica Bank-California v. The Vessel Compere, 2002 U.S. Dist. LEXIS 1177 (N.D. Cal. 2002)(In rem action for the arrest and sale of vessel).
  • Sanko S.S. Co. v. United States, 2002 U.S. Dist. LEXIS 14936 (N.D. Cal. 2002)(government immunity under the discretionary function exception to the Federal Tort Claims Act (FTCA) for the sounding of shipping channel).
  • Kelso Enterprises. v. M/V WISIDA FROST, 8 F. Supp. 2d 1197; 1998 U.S. Dist. LEXIS 15929; 1998 AMC 1351 (C.D. Cal. 1998) (Enforcement of foreign forum selection clause in England).
  • American Tel. & Tel. v. Con-Way S. Express, 1996 U.S. Dist. LEXIS 544 (N.D. Cal. 1996)(liability of truck carrier for non-delivery of cargo under the Carmack Amendment to the Interstate Commerce Act).
  • Rothmann v. S/S PRESIDENT TAFT, 1994 U.S. Dist. LEXIS 21391; 1995 AMC 1250 (N.D. Cal. 1994)(application of the Seaman’s Wage Act to vessel master).
  • Phoenix Engineering & Supply v. American President Lines, 1992 U.S. Dist. LEXIS 6050; 1992 AMC 2222; 92 Daily Journal DAR 16686 (N.D. Cal. 1992)(notice and fair opportunity to limit liability pursuant to bill of lading terms under the Carriage of Goods by Sea Act (COGSA)).