Damon Key Supreme Court Advocacy

mmm@hawaiilawyer.com (Mark M. Murakami) — Thu, 20 Nov 2008 22:54:48 GMT

Continuing the firm???s tradition of high-level appellate advocacy, Damon Key attorneys Robert H. Thomas, Mark M. Murakami and Christi-Anne H. Kudo Chock recently filed two friend-of-the-court briefs in the U.S. Supreme Court involving complex constitutional, maritime and environmental issues. In...

maritime and environmental issues.

In the first case, Winter v. Natural Resources Defense Council, the Supreme Court struck down an injunction which restricted the Navy???s use of mid-frequency active (MFA) sonar in training exercises off the Southern California coast.

In August, Robert, Mark, and Christi-Anne filed a brief amicus curiae on behalf of several military service organizations including the Navy League, the Military Affairs Council of the Chamber of Commerce of Hawai???i, and the Southwest Defense Alliance. The brief outlined the views of nine retired Admirals that the Navy???s judgment on how it trains its sonar operators should be respected. The brief highlighted the over 300 years of naval service by the Admirals, and their reasons why the injunction, poses a grave threat to national security and the men and women in the U.S. Navy. The Navy uses MFA sonar -- which transmits sound and listens for a reflection from the target -- to hunt for quiet diesel-electric submarines. These submarines are designed to avoid detection by other types of sonar, and are employed by Iran, North Korea, and China, among others. Several recent incidents illustrate the danger: in late 2006 near Okinawa, a Chinese diesel-electric attack submarine was not detected by the Kitty Hawk Carrier Strike Group until it surfaced within torpedo range. In November 2007, the same battle group was ???shadowed??? by a submarine in the Taiwan Strait prompting a confrontational standoff for twenty-eight hours.

MFA sonar unfortunately may injure marine mammals in some cases, even though there has not been a single document instance of such injury in the Southern California training area. After consultation with other federal agencies, the Navy concluded that the use of MFA sonar with certain self-imposed mitigation measures would not have a significant impact on the environment.

The California federal court, however, restricted the Navy???s training with MFA sonar, until the Navy completed an Environmental Impact Statement because of the possible threat to marine mammals such as whales, dolphins, and seals. The injunction prevented the Navy from qualifying at least one Strike Group prior to deployment.

On November 12, the Supreme Court, in a 7-2 decision, agreed with the Navy and the brief filed by Damon Key that judges should not lightly second guess commanders??? judgment on how to train for deployment, and struck down the restrictions.

Closer to home, these same attorneys filed a brief on behalf the Ocean Tourism Coalition, a non-profit trade group in UFO Chuting, Inc. v. Smith, another case pending in the U.S. Supreme Court. That case involves the State of Hawai???i???s attempt to ban parasailing in the waters off Maui for five months per year. A parasailing company sued the State in federal court, arguing the ban was unconstitutional because it interfered with federally-protected navigation. Although the court initially agreed and struck down the ban, the court reversed itself and dismissed the case after

Hawaii???s congressional delegation attached a rider to an omnibus budget bill that seemed to allow the State to regulate in this area.

The Ocean Tourism Coalition???s amicus brief urges the Supreme Court to review the dismissal, and points out that states are prohibited under the Constitution???s commerce clause from enacting regulations that interfere with the free movement of commerce and navigation. The State of Hawai???i???s and the federal government???s responses are due in early October, and the Supreme Court will decide whether to review the case in late 2008.

Damon Key has a long history of high-stakes appellate litigation in the Hawai???i courts of appeals, as well as in the federal Ninth Circuit and the U.S. Supreme Court. Perhaps the firm???s most famous appellate victory was in Kaiser Aetna v. United States, 444 U.S. 164 (1979), where Charlie Bocken and Diane Hastert won a Supreme Court case that protected the private nature of Hawai???i Kai Marina, and overturned one hundred years of law giving the army Corps of

Engineers nearly unfettered ability to take private waterways.

Hawaii Supreme Court Strikes Down Vessel Forfeiture

mmm@hawaiilawyer.com (Mark M. Murakami) — Thu, 20 Nov 2008 03:42:59 GMT

The Hawaii Supreme Court yesterday struck down the State of Hawaii's attempt to forfeit a boat that it suspected, but did not prove, was used to illegally take coral off the Waianae coastline. Opinion in Carlisle v. One (1) Boat,...

The Hawaii Supreme Court yesterday struck down the State of Hawaii's attempt to forfeit a boat that it suspected, but did not prove, was used to illegally take coral off the Waianae coastline.

Opinion in Carlisle v. One (1) Boat, 18.5 Feet with Fiberglass Hull here.

The court found that because Hawaii law did not provide for the express penalty of forfeiture, it was unauthorized as a penalty. Absent reconsideration, the Legislature would need to amend the law in order to provide for such forfeiture.

HawaiiReporter - Media Coverage of California Sonar Case

mmm@hawaiilawyer.com (Mark M. Murakami) — Wed, 19 Nov 2008 02:06:38 GMT

My partner, Robert Thomas, published a great Op-Ed on the Winter case on hawaiireporter.com, here. I have created a resource page with many of the briefs and media coverage here.

My partner, Robert Thomas, published a great Op-Ed on the Winter case on hawaiireporter.com, here.

I have created a resource page with many of the briefs and media coverage here.

Upcoming Lecture on Vessel Documentation Issues

mmm@hawaiilawyer.com (Mark M. Murakami) — Wed, 19 Nov 2008 01:51:03 GMT

On Wednesday, November 19 at noon, we will be hosting the Hawaii State Bar Association Admiralty Section's quarterly meeting at Damon Key. All members of the Hawaii State Bar Association are welcome. The topic for discussion will be vessel documentation,...

On Wednesday, November 19 at noon, we will be hosting the Hawaii State Bar Association Admiralty Section's quarterly meeting at Damon Key. All members of the Hawaii State Bar Association are welcome.

The topic for discussion will be vessel documentation, an area full of new developments. The speaker will be Captain Fred Tucher, who recently retired from the Coast Guard after 25 years of service. He was the district's senior attorney from 2001 to 2006 and has extensive experience in vessel documentation. Long time local admiralty attorney Bryan Y.Y. Ho will also attend if his schedule permits to provide his practical experience with vessel document issues.

If you are a member, please email me and join us.

Ferry injury case leads to important decision protecting passenger rights

brian@vbattorneys.com (Brian Beckcom) — Tue, 18 Nov 2008 15:30:27 GMT

Two years ago, the Long Island Ferry crashed, resulting in 70 injuries and 11 deaths. New York City, the operator and owner of the ferry, sought to limit its liability for the passenger injury and death cases by invoking the Limitation of Liability Act.

The Limitation of Liability Act would have limited the entire settlement money available to all passengers and their family members to the value of the ferry, truly an unfair and unjust result.

The trial court refused to apply the act, and the Second Circuit affirmed.

All in all, a very good decision for the families and injured passengers as well as for other family members or people injured in the maritime context.

This case is called In re City of N.Y., 2008 WL 817945 (2nd Cir. Mar. 27, 2008).

Injured Offshore? Helpful resources and articles

Do you have a Jones Act or maritime injury case? The Jones Act and Maritime Attorneys at Vujasinovic & Beckcom, P.L.L.C. have successfully handled all types of maritime injury and Jones Act cases.

Before you talk to the company or any insurance adjusters, before you give a recorded statement, and before you choose the wrong attorney for your case, request a copy of Mr. Beckcom's book and read this list of helpful articles.

Interested in learning more about really happens in a maritime injury case?

Click here to request a copy of the "Insider's Guide to Winning Your Maritime Injury Case"

To learn more about our law firm and what we can do for you, please visit the following websites:

www.vbattorneys.com

www.maritimeaccidentattorney.com

www.houstoninjuryaccidentlaw.com

If you want to know more about offshore injury claims, please take a moment to read the following articles:

1. How to hire the best lawyer for your Jones Act or offshore injury case

2. How much is my Jones Act, maritime injury, or offshore injury case worth?

3. What is the Jones Act?

4. How to wreck your Jones Act case

5. Financial Insecurity and Wrongful Termination - Two Fears After a Maritime Injury

6. What is a Longshoreman and What Are Their Legal Rights When Injured?

7. The difference between the Jones Act and the Longshore & Harbor Worker's Compensation Act

8. The Truth About Offshore Injury Claims.

9. What Should You Do If You Are Injured Offshore

10. What you should know if you were hurt offshore and your employer is giving you a hard time

11. Should I give my employer or the insurance company a "recorded statement?"

12. Do I need to hire a lawyer for my Jones Act or offshore injury claim?

13. What happens when you file a Jones Act lawsuit.

14. 6 Critical Things you must know if you are injured at sea

15. The Secrets Your Employer May Not Want You To Know If You Are Injured Offshore.

16. I was injured on a cruise ship - What are my legal rights?

About our law firm

Brian Beckcom handles Jones Act, maritime injury, and other offshore injury cases. If you want to find out more about our law firm and the types of cases we handle, please visit our Maritime Injury Law practice area page on our main website.

Or, you can send a message to Mr. Beckcom by using the Contact form on this website.

Jones Act case for injured deckhand leads to large settlement

brian@vbattorneys.com (Brian Beckcom) — Tue, 18 Nov 2008 15:21:37 GMT

A 24-year old worker who was training to be a deckhand was assigned to a couple of barges while working for Material Services Corp. The barges seperated as the deckhand was moving from one to the other, causing his right leg to slip into the gap between the two barges. The barges then came together, crushing his leg.

The worker's past medical costs were $516,000, past lost income was $42,000, and he claimed $2,000,000.00 in future medical costs and $600,000.00 in future wage lost.

The worker sued under the Jones Act, alleging that the company failed to provide a safe workplace, proper equipment, and training.

The company denied fault, claiming that it was the young worker's fault that his leg was crushed.

Injured Offshore? Helpful resources and articles

Do you have a Jones Act or maritime injury case? The Jones Act and Maritime Attorneys at Vujasinovic & Beckcom, P.L.L.C. have successfully handled all types of maritime injury and Jones Act cases.

Interested in learning more about really happens in a maritime injury case?

2. How much is my Jones Act, maritime injury, or offshore injury case worth?

3. What is the Jones Act?

4. How to wreck your Jones Act case

16. I was injured on a cruise ship - What are my legal rights?

About our law firm

Or, you can send a message to Mr. Beckcom by using the Contact form on this website.

Arnold & Itkin LLP files Jones Act suit on behalf of injured seaman who lost fingers

aija@jones-act-maritime-lawyer.com (Arnold & Itkin LLP) — Mon, 17 Nov 2008 15:57:40 GMT

Texas maritime lawyers Kurt Arnold & Mike Pierce filed a Jones Act case on behalf of a 25 year old injured seaman who was working for Noble Corporation. The seaman was in the Bay of Campeche on an offshore drilling rig when his hand was crushed due to Noble negligence. He lost three fingers and sustained injuries to the rest of his hand. Arnold & Itkin LLP agreed to represent the seaman and filed the case in Cameron County, Texas requesting a trial by jury.

Arnold & Itkin LLP files Jones Act suit on behalf of injured seaman who lost fingers

aija@jones-act-maritime-lawyer.com (Arnold & Itkin LLP) — Mon, 17 Nov 2008 15:57:40 GMT

Airboat captain cited in sinking - Udate on Story

Thu, 13 Nov 2008 21:58:42 GMT

Wildlife officials have cited an airboat captain with failing to quickly report a boating accident in South Florida.Officials say Charles W. Riley was driving an overloaded tourboat that took on water and sank in an Everglades marsh populated with alligators. Investigators said the boat's capacity was 23 people but that 37 were onboard. Other airboat captains in the area rescued the tourists, among them young children, and some suffered minor injuries. See this too.

California Sonar Case - Restrictions on Navy Sonar Use Quashed

mmm@hawaiilawyer.com (Mark M. Murakami) — Thu, 13 Nov 2008 03:05:02 GMT

The U.S. Supreme Court ruled today that the Ninth Circuit Court of Appeals erred when it upheld restrictions on the Navy's use of Mid-Frequency Active sonar off the California coast pending an Environmental Impact Statement. Chief Justice Roberts, speaking for...

Chief Justice Roberts, speaking for the majority said:

"To be prepared for war is one of the most effectual means of preserving peace." 1 Messages and Papers of the Presidents 57 (J. Richardson comp. 1897). So said GeorgeWashington in his first Annual Address to Congress, 218 years ago. One of the most important ways the Navy prepares for war is through integrated training exercises at sea. These exercises include training in the use of modern sonar to detect and track enemy submarines,something the Navy has done for the past 40 years. The plaintiffs complained that the Navy’s sonar training program harmed marine mammals, and that the Navy should have prepared an environmental impact statement before commencing its latest round of training exercises. The Court of Appeals upheld a preliminary injunction imposing restrictions on the Navy’s sonar training, even thoughthat court acknowledged that "the record contains no evidence that marine mammals have been harmed" by the Navy’s exercises. 518 F. 3d 658, 696 (CA9 2008).

The Court of Appeals was wrong, and its decision is reversed.

Slip. Op. at 1-2. More to follow, including media coverage. My resource page with the briefs, coverage and pleadings is here.

Somali Pirates - Booming Problem with Thorny Legal Issues

mmm@hawaiilawyer.com (Mark M. Murakami) — Sun, 09 Nov 2008 02:06:53 GMT

Piracy off the coast of Somalia is getting a lot of press recently. The recent piratical takeover of a ship laden with tanks and munitions is prompting concerns and debate between the world's shippers and the countries affected. France, Ukraine, North Korea, and now Denmark all have had ships taken in the last several years. It seems that NATO and perhaps the United States will need to have an increased maritime presence to provide security for the vital sea lane.

The United Nations has even passed resolutions which squarely infringe on the sovereignty of Somalia, such as it is. Resolution 1816, adopted June 2008 (recently renewed by Resolution 1838, adopted October 2008 ) provided that the Security Council:

Decides that for a period of six months from the date of this resolution, States cooperating with the TFG in the fight against piracy and armed robbery at sea off the coast of Somalia, for which advance notification has been provided by the TFG to the Secretary-General, may:

(a) Enter the territorial waters of Somalia for the purpose of repressing acts of piracy and armed robbery at sea, in a manner consistent with such action permitted on the high seas with respect to piracy under relevant international law; and

(b) Use, within the territorial waters of Somalia, in a manner consistent with action permitted on the high seas with respect to piracy under relevant international law, all necessary means to repress acts of piracy and armed robbery...

The Shipping coalition, in their releases here, here suggest that governmental, and not private security, response is warranted. The world's major maritime insurer, Lloyds of London, began issuing risk policies including private security teams here.

The French have shown a willingness to go farther than the territorial sea to apprehend pirates:

Earlier Somalia pirate posts here, here and here, here.

The Full Means No. 2 Murders - Supreme Court Denies to Hear Case of Lei Shi

mmm@hawaiilawyer.com (Mark M. Murakami) — Sat, 08 Nov 2008 21:18:11 GMT

The U.S. Supreme Court has denied to hear the case of USA v. Lei Shi, posted earlier here and here. This case involved the murder of the Captain and First Mate of a Taiwanese owned, Seychelles flagged fishing vessel and...

The U.S. Supreme Court has denied to hear the case of USA v. Lei Shi, posted earlier here and here.

This case involved the murder of the Captain and First Mate of a Taiwanese owned, Seychelles flagged fishing vessel and the prosecution of a Chinese citizen under a post-Achille Lauro, treaty-based statute criminalizing violence against maritime navigation, 18 U.S.C. 2280.

After the murders, Shi took control of the vessel for several days before the crew overpowered him and came to Hawaii for assistance.

Disclosure: I was a Special Assistant U.S. Attorney and assisted with the prosecution of this matter while a judge advocate with the U.S. Coast Guard.

Injured deckhand settles injury case against Blake Offshore

brian@vbattorneys.com (Brian Beckcom) — Thu, 06 Nov 2008 15:47:02 GMT

We are pleased to announce yet another terrific settlement for one of our Jones Act clients.

Our client was a long-time employee of Blake Offshore. He was hurt when he fell in an open hole that was not properly marked off with caution tape (or any other kind of warning device). He was severely injured.

In fact, our client was knocked unconscious for almost 5 minutes. He ended up having the following injuries:

1. Injuries to his head;

2. Ringing in his ears, memory loss, blackouts;

3. A neck injury;

4. Herniated discs in his cervical spine;

5. A shoulder injury (he tore his rotator cuff);

The company fired our client when the company doctor (who was completely and totally in the tank for Blake Offshore) literally said our client could return to work the same day he was injured!

Our client tried to do light duty work for Blake Offshore but Blake Offshore cancelled the light duty program after our client asked if he could try light duty!

We filed a lawsuit under the Jones Act and maritime law. Blake denied liability (they denied they were at fault). They also denied our client was injured in the accident.

And they hired spies (private investigators) to spy on our client, his wife, his 2 year old boy, and his mother!

A few weeks before trial, after we spent many thousands of dollars on the case, Blake Offshore agreed to pay our client a substantial settlement that will provide for him and his family for a long time to come.

Congratulations to our client and his family for his great settlement and for hanging in there during the case despite Blake Offshore's attempts to intimidate and scare him.

Injured Offshore? Helpful resources and articles

Do you have a Jones Act or maritime injury case? The Jones Act and Maritime Attorneys at Vujasinovic & Beckcom, P.L.L.C. have successfully handled all types of maritime injury and Jones Act cases.

Interested in learning more about really happens in a maritime injury case?

2. How much is my Jones Act, maritime injury, or offshore injury case worth?

3. What is the Jones Act?

4. How to wreck your Jones Act case

16. I was injured on a cruise ship - What are my legal rights?

About our law firm

Or, you can send a message to Mr. Beckcom by using the Contact form on this website.

Maritime Law Punitive Damages Issue Back on Supreme Court Docket

mmm@hawaiilawyer.com (Mark M. Murakami) — Mon, 03 Nov 2008 18:53:49 GMT

[Please excuse the quick post, but I am on active duty with the Coast Guard Reserve for the next two weeks.] The Supreme Court just granted a cert. petition to address the issue of punitive damages in Jones Act cases,...

[Please excuse the quick post, but I am on active duty with the Coast Guard Reserve for the next two weeks.]

The Supreme Court just granted a cert. petition to address the issue of punitive damages in Jones Act cases, here.

Per SCOTUSBLOG, the issue below is:

In the new case involving the rights of an injured seaman (Atlantic Sounding, et al., v. Townsend, 08-214), the Court stepped in to resolve a conflict in lower courts on whether punitive damages are available for a shipboard worker hurt on the job if the owner or operator denies “maintenance and cure” payments. Maintenance, in this context, means a basic living allowance and wages that a seaman otherwise would have earned, and cure means benefits that cover medical needs.

The appeal contends that the two laws that provide remedies for seamen’s injuries or death on the job — the Jones Act and the Death on the High Seas Act — do not cover any damages other than the seaman’s own direct loss; in other words, they do not cover “non-pecuniary damages.” The appeal asserts that the Supreme Court has made clear that benefits in the maritime industry should be uniform across the country, and should depend mainly on what Congress has authorized in legislation.

More to follow.

N.C. tourist dies in Florida Keys diving accident

Mon, 03 Nov 2008 17:15:04 GMT

KEY LARGO -- A 51-year-old woman from North Carolina died Thursday after diving at French Reef, about 4 ½ miles off Key Largo in the Atlantic Ocean. Joanne Page was pronounced dead on the scene. Her boyfriend, Eugene Jackson of Salisbury, N.C., gave Monroe County Sheriff's Office and Florida Fish & Wildlife Conservation Commission officers this account:

Use common sense precautions aboard

Mon, 03 Nov 2008 15:54:33 GMT

BY JAY CLARKE MCCLATCHY NEWSPAPERS You're off on a long-dreamed-of vacation, a cruise to the sunny Caribbean. You're on a big cruise liner with a couple thousand other passengers. There are doctors and nurses on board, locks on your stateroom...

BY JAY CLARKE
MCCLATCHY NEWSPAPERS

You're off on a long-dreamed-of vacation, a cruise to the sunny Caribbean. You're on a big cruise liner with a couple thousand other passengers. There are doctors and nurses on board, locks on your stateroom door, lots of public spaces, and ship personnel at your beck and call.

Safety isn't something to worry about.

Not so, says Miami maritime lawyer Charles R. Lipcon in a new book, "Unsafe on the High Seas" (I. Adels, $14.95).

Most important, he says, don't leave common sense behind. "Getting on a cruise ship is like traveling to a strange city. Take some precautions," Lipcon said.

You wouldn't walk alone at night in a strange city; don't do it on a cruise ship. You wouldn't go to a stranger's room ashore; don't go to a crew member's room on board.

"That's the reason I wrote the book -- to tell passengers how to avoid problems," said the Miami attorney, who has filed lawsuits on behalf of clients who experienced problems aboard ship.

"When you get on a cruise ship, you're not in the United States anymore," he warned. The laws of the ship's country of registry aren't the same as those in America, and you may not get the same protections. Medical care is limited and may not be up to U.S. standards.

Passengers having too good a time at a ship bar also may be at risk, Lipcon writes. "Fueled by firewater, people do crazy things." Young women in particular can fall prey to the date rape drug. His advice: Only drink beverages you have witnessed being prepared, and ask that bottled drinks come unopened. "That's a must."

That said, the vast majority of passengers never experience any problems aboard, except perhaps for spending more than they intended.

Michael Crye, executive vice president of the Cruise Line Industry Association, said that of the 4.4 million passengers who sailed from April to Aug. 24 in 2007, only .01% were involved in reported incidents.

Arnold & Itkin LLP file Jones Act lawsuit for injured seaman

aija@jones-act-maritime-lawyer.com (Arnold & Itkin LLP) — Sun, 02 Nov 2008 18:37:46 GMT

Arnold & Itkin LLP filed a Jones Act lawsuit today on behalf of an injured worker who suffered crippling injuries as a result of a ship owner’s failure to maintain a seaworthy vessel. As a result, this hard working man has had a complex back injury. He may need back surgery and months of therapy just to get his life back on track. This Jones Act seaman may never be able to work again. Arnold & Itkin LLP is proud that we will be able to help this man fight to recover his benefits, lost wages, medical expenses, and money for his pain and suffering.

Arnold & Itkin LLP file Jones Act lawsuit for injured seaman

aija@jones-act-maritime-lawyer.com (Arnold & Itkin LLP) — Sun, 02 Nov 2008 18:37:46 GMT

FWB official's daughter injured in fatal sailing accident

Fri, 31 Oct 2008 20:48:39 GMT

FORT WALTON BEACH - A woman is on her way home after fighting for her life following a boating accident that killed one person and injured three others, including herself. Tracy Garvie, co-owner of GLC Construction and daughter of Fort Walton Beach City Councilman Bill Garvie, was on a sailboat about 100 miles southeast of Atlantic City, N.J., when what may have been a rogue wave overturned the 44-foot boat. The three sailors had to bail water from the sinking vessel for 12 hours before they were rescued. One of the sailors, 65-year-old Phil Rubright of Detroit, drowned after a failed rescue attempt that also injured a Coast Guard swimmer.

Injured Seaman's Basic Rights - Video by Clark & Watson - Jacksonville Maritime Lawyers

Wed, 29 Oct 2008 11:47:54 GMT

Recent Articles in Admiralty & Maritime Law from LexMonitor

Damon Key Supreme Court Advocacy

Hawaii Supreme Court Strikes Down Vessel Forfeiture

HawaiiReporter - Media Coverage of California Sonar Case

Upcoming Lecture on Vessel Documentation Issues

Ferry injury case leads to important decision protecting passenger rights

Jones Act case for injured deckhand leads to large settlement

Arnold & Itkin LLP files Jones Act suit on behalf of injured seaman who lost fingers

Arnold & Itkin LLP files Jones Act suit on behalf of injured seaman who lost fingers

Airboat captain cited in sinking - Udate on Story

California Sonar Case - Restrictions on Navy Sonar Use Quashed

Somali Pirates - Booming Problem with Thorny Legal Issues

The Full Means No. 2 Murders - Supreme Court Denies to Hear Case of Lei Shi

Injured deckhand settles injury case against Blake Offshore

Maritime Law Punitive Damages Issue Back on Supreme Court Docket

N.C. tourist dies in Florida Keys diving accident

Use common sense precautions aboard

Arnold & Itkin LLP file Jones Act lawsuit for injured seaman

Arnold & Itkin LLP file Jones Act lawsuit for injured seaman

FWB official's daughter injured in fatal sailing accident

Injured Seaman's Basic Rights - Video by Clark & Watson - Jacksonville Maritime Lawyers