Maritime Lien Without a Maritime Contract

Friday, September 13, 2002
The U.S. Court of Appeals for the Ninth Circuit ruled that a party may have a maritime lien under the Federal Maritime Lien Act without having a maritime contract. In the instant case, plaintiff fish processor contracted with various fishing vessel owners to land and process their squid catch. Plaintiff brought suit against the vessels in rem when the vessel owners did not fully pay the contracted amounts. The trial court granted the owners' motion to dismiss the complaint, finding that plaintiff did not have a maritime lien against the vessels because the contract was not maritime in nature. The appellate court reversed, ruling that the Federal Maritime Lien Act only requires the plaintiff to demonstrate that he provided necessaries to the vessels on the order of the owner or a person authorized by the owner. While actions brought under general maritime law must meet various common law requirements, that concept does not apply when the action is based on a specific federal statute, such as the Maritime Lien Act. In this case, the vessels received necessaries, even though the underlying contract may have been nonmaritime in nature. Ventura Packers, Inc. v. F/V Jeanine Kathleen Source: HK Law

People & Company News

MN100: Guido Perla & Associates, Inc.

The Company: With offices in the US, Brazil, Chile, China and Germany, GPA developed into an independent, full-service naval architecture and marine engineering

Grand Bahama Shipyard Expands Sales Team

Grand Bahama Shipyard Limited (GBSL) has added three regional sales directors to its Marketing and Sales Division, with posts in the Americas, Europe and Asia/Middle East.

MN100: Kohler Marine

The Company: Kohler Marine generators are produced in the United States and distributed globally. Kohler Marine sales as well as aftermarket sales and service activities are globally organized.

Legal

Vallianz Rejects Payment Request from Swiber Managers

Vallianz Holdings, which provides support vessels for the oil industry, said on Wednesday it had refused a request from the judicial managers of shareholder Swiber Holdings to pay around $63.

Hyundai Merchant Marine to buy Hanjin's 'Good' Assets

South Korea's financial regulator said on Wednesday that Hyundai Merchant Marine Co Ltd will seek to acquire healthy assets of troubled shipper Hanjin Shipping Co Ltd.

Hanjin files for Receivership, Ports Turn Away Vessels

Hanjin says asks court for its assets to be frozen; Hyundai Merchant looking to buy Hanjin's "good" assets. South Korea's Hanjin Shipping Co Ltd filed for court

 
 
Maritime Careers / Shipboard Positions Maritime Security Navigation Pipelines Port Authority Salvage Ship Simulators 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: 0.1160 sec (9 req/sec)