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Case Summaries

Admiralty

[02/25] Bessemer & Lake Erie R.R. Co. v. Seaway Marine Transp.
In an admiralty action seeking recovery of repair costs and lost profits against a cargo ship after it struck a land-based coal-loading machine operated by plaintiff, judgment of the district court is affirmed in part, reversed in part and remanded where: 1) district court's grant of summary judgment as to liability is reversed as there is a genuine dispute of fact over plaintiff's comparative negligence; and 2) district court's rejection of plaintiff's lost-profits claim is affirmed as plaintiff did not adequately disclose the basis of its lost-profits claim.

[02/22] Cianbro Corp. v. George H. Dean, Inc.
In an in rem maritime lien action, district court's grant of summary judgment in favor of plaintiff and an order issuing a declaratory judgment to the effect that plaintiffs' vessels were not subject to a maritime lien in favor of defendant is affirmed as defendant failed to make the factual showing that it provided necessaries to the vessels as is required by 46 U.S.C. section 31342(a).

[02/03] ProShipLine Inc. v. Aspen Infrastructures Ltd.
In an action to secure a maritime attachment, district court's order denying plaintiff's motion to compel defendant to post security in lieu of garnishment is affirmed where a district court lacks the legal capacity under the Admiralty Rules to order a party to post security in lieu of garnishment. However, the district court's order equitably vacating plaintiffs' Rule B writ and exonerating security posted for that writ is reversed where the district court abused its discretion by concluding that it was bound by res judicata to vacate the writ to conform with the Southern District of New York's decision to vacate the writ involved in a related action pending there.

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