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4 Jan 2011, 11:16 am by WISCONSIN LAW JOURNAL STAFF
Contracts Pleading Where a plaintiff asserts a breach of contract claim and fails to allege any facts from which it could at least be inferred that the contract on which that claim is based might be invalid, the plaintiff is precluded from pleading in the alternative claims that are legally incompatible with the contract claim. [read post]
6 Aug 2019, 4:53 pm by Joseph Stacey
A 58-year-old fisherman working aboard the F/V LAKE BAY was medevaced on Monday after suffering a large laceration to his arm. [read post]
28 Jan 2011, 3:23 am by traceydennis
Masefield AG v Amlin Corporate Member Ltd (The Bunga Melati Dua) [2011] EWCA Civ 24; [2011] WLR (D) 23 “A cargo seized by pirates and subsequently recovered after being ransomed by the shipowner was not ‘irretrievably lost’ within the terms of section 57(1) of the Marine Insurance Act 1906, even though some might regard the payment of a ransom as morally objectionable and it was something the owner was not required to do. [read post]
3 Feb 2011, 3:50 am by traceydennis
Global Process Systems Inc and another v Syarikat Takaful Malaysia Berhad [2011] UKSC 5; [2011] WLR (D) 31 “A provision in a marine cargo insurance policy excluding loss resulting from any inherent inability of the goods to withstand a voyage applied only where the goods had deteriorated, not because they had been subjected to some external fortuitous accident or casualty, but because of their natural behaviour in the ordinary course of the voyage. [read post]
3 Jun 2008, 1:30 am
Golden Fleece Maritime Inc and another v ST Shipping and Transport Inc [2008] EWCA Civ 584; [2008] WLR (D) 176 “Owners were in breach of time charters because the vessels chartered did not comply with the amended Marine Pollution Convention as warranted with the result that the vessels could not carry to all specified ports the full range of petroleum products set out in the charterparty. [read post]
7 Apr 2014, 9:32 am
That was of course famously announced even as to flag burning in Texas v. [read post]
5 Jan 2009, 9:04 am
CAAF issued a per curiam opinion today in United States v. [read post]
31 May 2008, 2:45 pm
" When such individuals die before the CCA renders its opinion in the case, see generally United States v. [read post]
25 Jun 2009, 5:00 pm
Apex Marine Corp., nor the Jones Act altered this understanding, punitive damages for the willful and wanton disregard of themaintenance and cure obligation remain available as a matter ofgeneral maritime law. [read post]
29 Sep 2009, 2:24 pm
I mention this one if only because the concurrence written by Justice Graham -- a retired judge from Marin sitting by designation -- seems particular timely in light of current events.Justice Graham writes separately solely to write three pages excoriating prior authority that uses the term "voluntary" to describe non-forced sexual interaction between a minor and an adult. [read post]