Two Bites of an Apple Disallowed

Tuesday, July 05, 2005
In an unpublished decision, the U.S. Court of Appeals for the Fifth Circuit ruled that a plaintiff may not bring separate actions against different parties based on the same nucleus of operative facts. In the instant case, plaintiff was injured when thrown from a boat. He sued the manufacturer of the outboard motor, the manufacturer of the boat, the retailer of the boat and motor, the boat owner/operator, and the insurance company of the owner/operator, alleging negligence and strict products liability under admiralty and under state law. The parties settled during the course of the trial and the actions were dismissed with prejudice. Plaintiff then filed an almost identical suit against defendant. The court held that a litigant must bring all his causes of action arising out of the same occurrence in one lawsuit. Davis v. Teleflex Inc., No. 05-30051 (5th Cir. - HK Law)
Maritime Reporter May 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Israeli Dockworkers End Ports Strike

Israeli dockworkers ended a two-day strike on Thursday that had shut down the country's two main seaports in protest at the creation of new foreign-run ports.   Some 2,

US Orders Owner to Clean Up Ruptured Pipeline

Federal order ensures continued action on Santa Barbara County oil spill   The U.S. Environmental Protection Agency and the U.S. Coast Guard issued a joint federal

Suppression of Random Drug Test Results: A Bad and Unnecessary Decision

Last September, an Administrative Law Judge (ALJ) unsettled much of the U.S. maritime industry when he dismissed with prejudice a U.S. Coast Guard (USCG) action

Finance

U.S.: Stronger Response in South China Sea Needed

By releasing video of Beijing's island reclamation work and considering more assertive maritime actions, the United States is signaling a tougher stance over the

Aramco Offers Rare 1.5 pct Gasoil Cargo

Aramco Trading, the trading arm of oil producer Saudi Aramco, has offered a rare gasoil cargo with a 1.5 percent sulphur content for June lifting from Rabigh, traders said on Thursday.

Golden Ocean: Worst Bulk Market Since 1980s

Dry bulk shipping firm Golden Ocean reported first-quarter earnings below forecasts on Thursday and said its market had gone from "bad to worse" with market conditions not seen in three decades.

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Security Maritime Standards Navigation Port Authority Ship Electronics Ship Repair Ship Simulators 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: 0.1163 sec (9 req/sec)