Legal News

Case Summaries

Admiralty

[11/10] Omega Protein, Inc. v. Samson Contour Energy E & P LLC
In a marine limitation-of-liability case arising out of a collision between a fishing vessel and an oil platform, apportionment of fault equally between the parties is affirmed where: 1) the trial court did not clearly err in its findings of fact or in the apportionment of fault; and 2) under the Limitation of Liability Act, plaintiff was entitled to limit its liability.

[11/06] B & D Contracting v. Pearley
In a challenge to the amount of an award of disability benefits pursuant to the Longshore and Harbor Workers' Act, employer's petition for review of the award is denied where employer's per diem payments to claimant were properly classified by the Benefits Review Board as wages, and were required to be included in benefit calculations as such.

[11/06] Rexroth Hydraudyne B.V. v. Ocean World Lines, Inc.
Order awarding defendants partial summary judgment and limiting their liability to $13,500 pursuant to the Carriage of Goods by Sea Act is affirmed where: 1) defendants did not fall within the statutory grasp of the Carmack Amendment; and 2) defendants were therefore entitled to employ the contractual limitations of liability set out in the through bills of lading.

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Injury & Tort Law

[11/21] McGhee v. Pottawattamie County, Iowa
In suits by two men convicted for murder and released over twenty years later, alleging constitutional violations by the original prosecutors and defamation by the current prosecutor, orders of the district court are affirmed in part and reversed in part where: 1) defendant-current prosecutor was entitled to sovereign immunity on the defamation claim; and 2) with respect to defendants-original prosecutors, the district court erred in failing to conduct an analysis of the scope of their employment for sovereign immunity purposes distinct from the court's analysis of whether they were entitled to absolute immunity.

[11/21] Dale v. Poston
In a federal prisoner's suit alleging Eighth Amendment violations by prison employees who allegedly failed to protect him from an attack by another inmate, summary judgment for defendants is affirmed where there was no evidence that any of the defendants were aware of facts from which they could draw an inference of substantial harm.

[11/19] Bregin v. Liquidebt Sys., Inc
In a suit alleging retaliatory discharge and tortious interference with employment, summary judgment for defendants is affirmed where: 1) plaintiff did not identify any illegal acts which he was asked to commit, for which a retaliation claim could be brought; 2) state law did not provide a whistleblower exception to the employment-at-will doctrine; and 3) plaintiff did not make out a claim for tortious interference.

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