Admiralty Commons^™

Nevor V. Moneypenny Holdings, Llc: Availability Of Prejudgment Interest For Mixed Maritime Law And Jones Act Claims, Adam S. Bohanan

Ocean and Coastal Law Journal

In maritime personal injury cases, courts have traditionally seen prejudgment interest as part of the compensation due to a prevailing plaintiff. The goal of ensuring the fullest compensation possible has long been recognized as a basic principle of admiralty law. However, federal appellate courts are split over whether to award prejudgment interest on a mixed claim under general maritime law and the Jones Act. This Note explores this issue in Nevor v. Moneypenny Holdings, LLC, which was the first time the question had been raised in the First Circuit. The Fifth and Sixth Circuits have held that because prejudgment interest …

Selling A Vessel Free And Clear Of A Maritime Lien Pursuant To Section 363 Of The Bankruptcy Code, Aram Movaseghi

Bankruptcy Research Library

(Excerpt)

Under title 11 of the United States Code (the “Bankruptcy Code”), a debtor in possession or trustee may sell property of the debtor’s estate. However, a lien on a maritime vessel may make such a sale challenging, in particular because of jurisdictional issues. When a debtor’s assets become subject to the jurisdiction of both admiralty and bankruptcy cases, a complex conundrum arises. Maritime bankruptcies have generated complex legal issues and jurisdictional conflicts that have perplexed practitioners and implicated significant constitutional issues.

Under section 363 of the Bankruptcy Code, a debtor or trustee may seek authority from the court to …

Deepwater Port Act Of 1974: Some International And Environmental Implications, James H. Gnann Jr.

Georgia Journal of International & Comparative Law

No abstract provided.

What Is A Vessel - A Three Prong Approach, Jeff Nemerofsky

Cleveland State Law Review

In the context of United States admiralty law, the definition of the word "vessel" has different meanings depending upon which statute has jurisdiction, the nature of the circumstances, and the characteristics of the person involved. There is no settled definition of the word. The Jones Act is a statute designed to cover seamen injured by the negligent acts of their employer, and is indicative of other admiralty statutes which, by their lack of a specific definition of the word "vessel," have created controversy in the judicial system. This comment proposes a three prong test that suggests several criteria to be …

Should A Vessel Be Faulted For Failing To Carry Radar?

Indiana Law Journal

No abstract provided.

Swell Damage And The Right Of Navigation, Frank R. Grundman

Cleveland State Law Review

In general, an owner of a vessel or other property damaged by the tortious acts of another committed in the course of boating or shipping is entitled to recover for such injuries. But what of the time-honored doctrine of the paramount right of navigation? It has been said that a moving ship is not an insurer and is not liable for all damages that occur as a result of its swell. Thus, the issue presents itself. Every vessel sailing on navigable waters creates a propagating swell by reason of its displacement in the water. By what yardstick is liability measured …

Freedom Of Navigation For International Rivers: What Does It Mean?, Ralph W. Johnson

Michigan Law Review

The purpose of this paper will be to analyze the origin of the concept, trace its (their) development, point out the most commonly used meanings, and then demonstrate the substantial irrelevance of the concept, by any of these definitions, to present-day river navigation and trade problems.

What Is A Vessel In Admiralty Law, Donald W. Peters

Cleveland State Law Review

Any structure made to float upon the water for the purpose of commerce or war, whether impelled by wind, steam or oars -this is the explanation of a vessel given in the American-English Encyclopedia of Law. A vessel has been further defined in the Revised Statutes of the United States as including every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation by water. A controversial question however, that often creates confusion, is this: When, during the course of construction, is a craft considered to be a full-fledged vessel. Theories and …

Maritime Lien Priorities: Cross-Currents Of Theory, Roger G. Connor

Michigan Law Review

The purpose of this article is not to develop a synthesis, for no synthesis is possible, but to give an account of the general theories governing maritime lien priorities, together with a discussion of the concrete issues which arise in their application.

Recent Important Decisions, Michigan Law Review

Michigan Law Review

Admiralty - Workmen's Compensation - Is a Hydroplane a Vessel? - Claimant was employed in the care and management of a hydroplane which was moored in navigable waters. The hydroplane began to drag anchor and drift toward the beach, where it was in danger of being wrecked. Claimant waded into the water and was struck by the propeller. Held, claimant is not entitled to compensation under the Workmen's Compensation Law, since a hydroplane while on navigable waters is a vessel, and therefore the jurisdiction of the admiralty excludes that of the State Industrial Commission. Reinhardt v. Newport Flying Service Corp. …