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Significant Admiralty Court Decisions
- South Carolina State Ports Authority v. M/V TYSON LYKES, 837 F. Supp. 1357 (D.S.C. 1993), aff'd 67 F.3d 59, 1996 AMC 2014 (4th Cir. 1995).
- Finora Co. v. Amitie Shipping, Ltd., 54 F.3d 209, 1995 A.M.C. 2014 (4th Cir. 1995).
- Evergreen International v. Albright & Wilson, 33 F.3d 420, 1995 A.M.C. 635 (4th Cir. 1994).
- S.C. State Ports Authority v. Silver Anchor, 23 F.3d 842, 1994 A.M.C. 2463 (4th Cir. 1994).
- Ocean Ship Supply, Ltd. v. M/V LEAH, 729 F.2d 971 (4th Cir. 1984).
- Nicoles v. M/V MAYA, 949 F. Supp. 381, 1997 AMC 872 (D.S.C. 1996).
- Tisdale v. Teleflex, Inc., 612 F.Supp. 30 (D.S.C. 1985).
- Young v. Tide Craft, Inc., 242 S.E. 2d 671 (S.C. 1978).
Summaries of Published Opinions by Admiralty, Maritime and Aviation Practice Group
General
Silkworm Screen Printers v. Abrams, 978 F.2d 1256 (Table) (4th Cir. 1992) (Unpublished disposition, full text available 1992 WL 317187). BMSM represented Abrams. The Fourth Circuit overruled the legal objections to Beijing arbitration and remanded for further factual findings. David M. Collins
Cargo
National Material Trading v. M/V KAPTAN CEBI, 1998 AMC 201 (D.S.C. 1997).
BMSM represented shipowner in obtaining stay of cargo damage action pending arbitration in London. Gordon D. Schreck
Ferromontan, Inc. v. Georgetown Steel Corp., 535 F.Supp. 1198 (D.S.C. 1982). BMSM represented Ryan-Walsh Stevedoring Co., Inc., the third-party defendant, in defense of a suit for recovery of damages for the loss of a shipment of steel in a storm en route from Georgetown, SC to Puerto Rico. The court found for Ryan-Walsh, holding that it performed its duty to load the cargo in a reasonable manner. Gordon D. Schreck
Contracts
Petrey v. Cunard Line Ltd., 9 F.3d 1544 (Table) (4th Cir. 1993) (Unpublished disposition, full text available 1993 WL 471420). BMSM represented the Cunard Line. The Fourth Circuit affirmed the district court decision that Petrey's action was barred by the limitation clause in her passage contract. David M. Collins, Benjamin Allston Moore, Jr.
Liens and Mortgages
Bominflot, Inc. v. The M/V HENRICH S, 465 F.3d 144, 2006 A.M.C. 2510 (4th Cir. (S.C.), Oct. 04, 2006)(No. 05-2242). The seller of fuel oil bunkers brought an action claiming a maritime lien against the vessel which bought the bunkers. The district court dismissed the action for failure to state a claim upon which relief may be granted because English law applied to the dispute and English law does not recognize the existence of maritime liens for bunkers. The matter was affirmed by the U.S. Court of Appeals, Fourth Circuit. Julius H. Hines represented the appellee THE M/V HENRICH S (“the vessel”) successfully.
Pee Dee State Bank v. F/V Wild Turkey, 1992 A.M.C. 1896 (D.S.C. 1991). BMSM represented Pee Dee State Bank in a mortgage foreclosure action against the sport fishing vessel WILD TURKEY. The court granted the Bank's motion for interlocutory sale of the vessel, rejecting the boat owner's objection to jurisdiction. Gordon D. Schreck
Finora Co., Inc. v. Amitie Shipping Ltd., 54 F.3d 209, 1995 A.M.C. 2014 (4th Cir. 1995). BMSM represented Finora. Amitie asserted a lien against Finora with respect to sub-freights. This case stands for the proposition that, in order to be bound, a subcharterer must have actual notice of an owner's contractual lien on sub-freights. The Fourth Circuit affirmed the district court's entry of judgment in Finora's favor. Benjamin Allston Moore, Jr.
South Carolina State Ports Authority v. Silver Anchor, S.A., 23 F.3d 842, 1994 A.M.C. 2463 (4th Cir. 1994). BMSM defended Silver Anchor in this in rem and in personam action. The Fourth Circuit affirmed the district court's decision to dismiss the in rem action against Silver Anchor but remanded the in personam action for further proceedings. The case stands for the proposition that a maritime lien does not survive a valid foreign judicial sale. Benjamin Allston Moore, Jr.
South Carolina State Ports Authority v. M/V Tyson Lykes, 837 F.Supp. 1357 (D.S.C. 1993). BMSM defended the owners of the containerships TYSON LYKES and TILLIE LYKES in an action seeking to foreclose maritime lien claims. The court held that dockage, wharfage and harbor master fees constituted enforceable maritime liens, but that the container-related charges did not. Gordon D. Schreck
Redcliffe Americas Limited v. M/V Tyson Lykes, 996 F.2d 47, 1993 A.M.C. 2294 (4th Cir. 1993). BMSM defended the owners of the containerships TYSON LYKES and TILLIE LYKES in an action by an ocean container lessee to enforce a maritime lien for lease charges. The Fourth Circuit held that a maritime lien did not arise in favor of the lessee because the containers were furnished to the vessels' charterer rather than to the vessels themselves. Gordon D. Schreck
International Marine Fuels of San Francisco, Inc. v. M/V Constellation Galaxy, 825 F.2d 407 (Table) (4th Cir. 1987) (unpublished disposition, full text available 1987 WL 38298). BMSM represented International Marine Fuels in this action to enforce its liens against the M/V Constellation Galaxy. The Fourth Circuit affirmed the district court's decision to uphold both liens. Benjamin Allston Moore, Jr., David M. Collins
Ocean Ship Supply, Ltd. v. M/V Leah, 729 F.2d 971 (4th Cir. 1984). BMSM defended the M/V LEAH and her owners against a Canadian corporation, Ocean Ship Supply, seeking to enforce a maritime lien for services. The district court held that there was no enforceable maritime lien and granted damages to the shipowner for wrongful arrest. The Fourth Circuit affirmed the denial of the lien but reversed the award for damages. Gordon D. Schreck
Collision/Allision
Nicholes v. M/V MAYA, 949 F. Supp. 381, 1997 AMC 872 (D.S.C. 1996).
BMSM successfully defended operator of containership MAYA against personal injury claim by the operator of a small boat who alleged his boat was thrown against a range light marker by the MAYA’s wake. The court in the bench trial held the MAYA had rebutted any presumption of fault by proving she was navigating at a reasonable speed required to maintain safe steerage in a narrow commercial ship channel. Gordon D. Schreck
Latex Const. Co. v. Jacksonville, Shipyards, Inc., 442 F.2d 450 (4th Cir. 1971) and Jacksonville Shipyards, Inc. v. Vessel Hong Kong Clipper, 309 F.Supp. 1196 (D.S.C. 1970). BMSM defended Overseas Maritime Co., Inc., owner of the HONG KONG CLIPPER, in this in rem action involving a collision between the HONG KONG CLIPPER and a floating drydock. The district court held that the dredge owner was negligent and contributed proximately to the collision. The Fourth Circuit affirmed in part and reversed in part, holding that the pilot was negligent and had to share responsibility for the collision. Benjamin Allston Moore, Jr.
Personal Injury
Lincoln v. Reksten Management, A.S., 2004 AMC 179, 354 F. 3d 262 (4th Cir. 2003), affirm’g in part and revs’g in part 1999 AMC 1954 (D.S.C. 1999). BMSM represented shipowner in longshore personal injury action, where both trial court and court of appeals held that longshoreman could not rely on charter party provisions to create independent duty of care not otherwise existing under Scindia standards. Gordon D. Schreck
Euland v. M/V Dolphin IV, 685 F.Supp. 942 (D.S.C. 1988). BMSM represented M/V Dolphin IV in this action for a personal injury sustained by a passenger in a fall. The court held that the passenger's claim was barred by the one-year suit limitation provision contained in the passage ticket governing the terms of the cruise. Gordon D. Schreck
Beckwith v. Sanko Kisen K.K., 654 F.Supp. 1217 (D.S.C. 1987). BMSM represented the shipowner Sanko in this wrongful death action arising from a fatal accident during cargo discharge operations. The court held that the shipowner was not liable for the longshoreman's death where ship's gear was not involved in the accident, the shipowner did not retain active control over the cargo operation, and the discharge method employed by the stevedore was not openly and obviously dangerous. Gordon D. Schreck
Banegas v. United Brands Co., 663 F.Supp. 198 (D.S.C. 1986). BMSM represented United Brands in this Jones Act personal injury case. The court held that the Honduran seaman could not maintain a Jones Act claim against United Brands, a New Jersey corporation, and that the court did not have jurisdiction with respect to the seaman's claim against a vessel owned by an affiliated corporation of United Brands. Gordon D. Schreck
Tisdale v. Teleflex, Inc., 612 F.Supp. 30 (D.S.C. 1985). BMSM represented Teleflex in this personal injury action arising from a boating accident. The court held that Teleflex, the manufacturer, was not strictly liable for this accident. Benjamin Allston Moore, Jr.
Young v. Tide Craft, Inc., 242 S.E.2d 671 (S.C. 1978). BMSM represented Tide Craft in this personal injury action based upon a boating accident. The court found that Tide Craft was not strictly liable. Tide Craft won this action primarily by persuading the court that the plaintiff's expert testimony should be disregarded. Benjamin Allston Moore, Jr. , Susan M. Smythe
Magno v. Corros, 439 F.Supp. 592 (D.S.C. 1977). BMSM defended Exxon, the third party defendant, in this Federal Tort Claims action based on a personal injury which occurred when a motorboat collided with a dock. Exxon rented the dock from the United States. The third party plaintiff claimed that Exxon failed to comply with certain permit requirements regarding the installation of lights on the dock. The court found that Exxon had no liability to the third party plaintiff. Benjamin Allston Moore, Jr.
Lee v. Walworth Valve Co., 482 F.2d 297 (4th Cir. 1973). BMSM represented defendant Lockheed Shipbuilding & Construction Company in this wrongful death action. The Fourth Circuit upheld the district court's decision to deny the motion quash to service of process on defendant Walworth. Benjamin Allston Moore, Jr.
Chinese Maritime Trust, Ltd. v. Carolina Shipping Co., 456 F.2d 192 (4th Cir. 1972). This is a third party action for indemnity. BMSM defended the Chinese Maritime Trust in the action by a longshoreman for injuries sustained while working on the ship and brought a third party action against the stevedore. The Fourth Circuit held that the contributory negligence of the longshoreman would be imputed to the stevedore and was actionable by the shipowner against the stevedore. Benjamin Allston Moore, Jr.
Evans v. Carolina Shipping Co., 451 F.2d 188 (4th Cir. 1971) and 330 F.Supp. 654 (D.S.C. 1970). BMSM represented Overseas Maritime, the ship owner, which had settled with an injured longshoreman (Evans), against the stevedore (Carolina Shipping) in a claim for indemnity. The Fourth Circuit upheld the district court's entry of judgment for the ship owner. Benjamin Allston Moore, Jr.
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