Admiralty law preempts state unfair trade practices statute

Wednesday, August 25, 2004
The U.S. District Court for the District of Connecticut ruled that federal admiralty law preempts the Connecticut Unfair Trade Practices Act. In the instant case, plaintiff insured his boat with defendant insurers. The boat sank in a storm and plaintiff filed a claim. After receiving payment, plaintiff filed a supplemental claim. When the parties couldn’t reach agreement, plaintiff sought and obtained an extension of the time to file suit. After the agreed extension expired, plaintiff filed suit alleging, among other things, that defendants violated the state unfair trade practices act, entitling him to attorneys’ fees and punitive damages. Defendants sought summary judgment. The court ruled that the action was in admiralty and that federal admiralty law preempted the provision in the state law concerning attorneys’ fees and punitive damages. DeRossi v. National Loss Management, No. 3-02-cv-247 (JCH) (HK Law)

Maritime Today


The Maritime Industry's original and most viewed E-News Service

Maritime Reporter July 2016 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Swiber Applies for Judicial Management Instead of Liquidation

Singapore oilfield services company Swiber Holdings Ltd said on Friday it has applied to place itself under judicial management instead of liquidation.   Swiber

Daewoo Shipbuilding: $1.4 bln order Cancelled

Cancelled order part of Statoil's Bressay project. South Korea's Daewoo Shipbuilding & Marine Engineering Co Ltd on Friday said a 1.58 trillion won ($1.41 billion)

Gener8 Maritime Net Income Up 91%

Announcing its financial results today for the three and six months ended June 30, 2016 Gener8 Maritime, Inc. reported net income of $38.0 million, or $0.46 basic and diluted earnings per share,

Navy

This Day In Naval History - July 29

1846 - During the Mexican-American War, a detachment of Marines and Sailors, led by Arm. Col. John C. Fremont from the sloop USS Cyane, commanded by Cmdr. Samuel F.

Det Norske to Restore Production at Alvheim after Leak

Norwegian oil firm Det norske said it expected to reach full production at its Alvheim FPSO (floating storage, offloading and producing unit) overnight after a leak,

This Day In Naval History: July 28

1861 - During the Civil War, the frigate, USS St. Lawrence, spots a schooner flying English colors and gave chase. Some four hours later, as she is overhauling the schooner,

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Standards Offshore Oil Pipelines Port Authority Salvage Ship Repair Ship Simulators Sonar
rss | archive | history | articles | privacy | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.0567 sec (18 req/sec)