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 Reporter May 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Sea Urchin Haven Disturbed by Oil Spill

Stephanie Mutz makes a living plucking sea urchins from the Santa Barbara coast and selling the prickly treasure to upscale restaurants in Southern California.

5 Tunisian Migrants Die in Shipwreck

At least five Tunisian migrants died on Saturday when their boat sailing to Italy capsized off the Tunisian coast, officials said. "A migrant boat carrying

Oil-coated Pelicans Being cleaned at Rehab Center

Several petroleum-stained pelicans rescued from the blackened muck of California's latest oil spill spent the day on Friday being gently, painstakingly scrubbed

Navy

Alaska, Washington to build Arctic Icebreakers

Senator Lisa Murkowski, Alaska, and Senator Maria Cantwell, Washington, have introduced a bill that would authorize the Navy to build up six icebreakers for use by the U.

Launch of First Future Destroyer, Hobart

Speech delivered by the Minister for Defence, Kevin Andrews during the launch of Hobart - the first future destroyer: Thank you for being here on this very important day.

Russian, Azerbaijani Navy to Hold First Ever Joint Drills in Caspian Sea

About 10 Russian and Azerbaijani ships will take part in a joint naval exercise in the Caspian Sea for the first time; RIA Novosti cited the statement of Russia’s Southern Military District.

 
 
Maritime Security Offshore Oil Pipelines Pod Propulsion Port Authority Salvage Ship Repair Ship Simulators Sonar Winch
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: 0.0891 sec (11 req/sec)