Wilson Elser updates

Trying in rem and in personam claims together
Wilson Elser
  • Shipping & Transport
  • USA
  • 08 June 2011

The US Court of Appeals for the Fifth Circuit has affirmed a district court order holding that in rem claims asserted under admiralty jurisdiction filed in the same complaint as in personam claims asserted in diversity must be tried together before a jury when the plaintiff clearly expresses its intent that the in personam claims be premised on diversity jurisdiction rather than in admiralty.

Failure to report can make vessels moving targets for prosecution
Wilson Elser
  • Shipping & Transport
  • USA
  • 30 March 2011

The Court of Appeals for the Sixth Circuit recently held that a violation of the Ports and Waterways Safety Act − failure to report immediately a hazardous condition to the nearest Coast Guard office − is a continuing offence and venue is proper in any district in which such offence began, continued or is completed.

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