Concurrence in Dismissal Dooms Appeal

Friday, November 11, 2005
The U.S. Court of Appeals for the First Circuit ruled that a party who concurs in the trial court’s dismissal of an action may not appeal that dismissal. In the instant case, plaintiff yacht owners brought suit against the carrier after the yachts were damaged during a voyage. The trial court directed that the matter be arbitrated in accordance with the contract of carriage. The trial court also denied plaintiffs’ motion to allow an interlocutory appeal. After an extended period, plaintiffs moved for dismissal of the action in favor of defendants. The motion for dismissal was made “in the interest of finality” and included no indication that plaintiffs intended to appeal. After the trial court granted the motion, plaintiffs filed an appeal. The appellate court held that an order granting an unqualified motion for dismissal by plaintiffs is not subject to appeal. Source: HK Law
Maritime Reporter November 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

US Plans to Shut Royalty Loophole on Coal Exports

U.S. coal companies will no longer be able to settle royalties at low domestic prices when they make lucrative sales to Asia according to reforms proposed by the Interior Department on Friday.

Denmark Issues New Pilotage Regulations

In an effort to make the pilotage market more efficient, the Danish Maritime Authority (DMA) issued several new regulations following on amendments to the pilotage act.

US Shippers, West Coast Dockworkers Union Resume Contract Talks

Negotiators for shipping lines and terminal operators at 29 U.S. West Coast ports resumed contract talks with the union for dockworkers on Thursday, as cargo backups continued at the ports,

 
 
Maritime Careers / Shipboard Positions Maritime Security Maritime Standards Naval Architecture Navigation Salvage Ship Electronics Ship Repair Sonar Winch
rss | archive | history | articles | privacy | terms and conditions | 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: 0.1019 sec (10 req/sec)