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

Legal

US Senate Energy Panel Votes to Lift Oil Export Ban

The U.S. Senate Energy Committee on Thursday passed a bill that would lift a decades-old ban on the export of crude oil.   The 22-member panel passed the bill

Legislation Introduced to Lift Cuba Embargo

A new piece of legislation, the Cuba Trade Act of 2015, was introduced in Congress Tuesday that aims to lift the Cuba embargo and allow for U.S. businesses in the

Matson Settles with Hawaii Settle on Molasses Incident

Pacific cargo shipper Matson, Inc. informs that a settlement has been reached with the State of Hawaii to resolve all civil, criminal and administrative claims

Navy

UK Navy Chooses Effer Crane Again

Cranes manufacturer Effer informs its marine crane has recently been installed aboard the U.K. Royal Navy’s patrol vessel HMS Mersey.   The new 5s 275M crane,

RoRo Launched for Royal Bahamas Defense Force

A Damen RoRo 5612 was launched this month at Halong Shipyard in Vietnam, the shipbuilder announced. The RoRo is one of nine Damen vessels ordered by the Royal

China, Russia in Sea of Japan Joint Military Drills

China and Russia will hold joint naval and air defence drills in the Sea of Japan, China said on Thursday, the latest exercises between the two countries which could concern Japan,

 
 
Maritime Careers / Shipboard Positions Maritime Security Navigation Offshore Oil Pod Propulsion Port Authority Ship Repair Shipbuilding / Vessel Construction 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: 0.0949 sec (11 req/sec)