The concepts of seaworthiness and its opposite, unseaworthiness, can be found in many aspects of maritime law. Despite their pervasive presence, the concepts are not easily defined. A vessel that is seaworthy in one circumstance may not be seaworthy in…
The California Court of Appeal cautions landowners against turning their backs on their property while neighbors openly take possession and control over it. In Nielsen v. Gibson (2009) ---Cal. Rptr.3d--- the Court of Appeal held that if an absentee landowner…
Pacific Maritime Magazine Every vessel, whether a tug, barge, tanker, cargo ship, or yacht uses a dock or wharf at one time or another. Some use a dock or wharf more than once per day; others use a dock or…
The United States Court of Appeals for the Ninth Circuit recently addressed the "insured versus insured" exclusion in a Directors and Officers (D&O) liability policy, enforcing the exclusion as written. See attached link for the full text of the opinion:…
Now signed into law, the Electronic Discovery Act (AB 5) amends the Code of Civil Procedure to provide detailed rules for discovery of electronically stored information ("ESI") in cases pending in California state courts. Under the Act, litigants are now…
Pacific Maritime Magazine Many have said the most important rule of navigation rules is Rule 5, which requires each vessel to have a lookout: Every vessel shall at all times maintain a proper lookout by sight and hearing as well…
Red Shield Insurance Co. v. Barnhill Marina & Boatyard Inc., 2009 Westlaw 1458022 (U.S. Dist. Ct., ND CA May 21, 2009). Choosing the "wrong" law can have serious case-deciding consequences. Generally, federal maritime law applies to all maritime torts (i.e…
Pacific Maritime Magazine When a moving vessel strikes a stationary object, a rebuttable presumption of fault by the moving vessel arises. That presumption, "the Oregon rule", derived from an 1895 US. Supreme Court case, The Oregon, l58US.186 (1895). Behind the…
The old adages are never out of date. In this case, the California Court of Appeal finds the familiar rule that "You can lead a horse to water, but you can't make him drink" applicable to conduct on the part…
Pacific Maritime Magazine Standard of Care Owed by the Towing Company A towing company is not strictly liable for the loss of its tow. Rather, its conduct is judged on a negligence standard. The owner of the towing vessel has…