Raymond T. Waid

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On September 12, 2024, in In re Live Life Bella Vita LLC, No. 23-55613 (9th Cir. Sept. 12, 2024), the Ninth Circuit joined the majority of circuits by holding that claims for indemnity and contribution are considered separate claims in the context of Limitation Actions, and thus, if a claimant wants to lift the federal court stay and proceed in state court, all claimants must execute a stipulation preserving the shipowner’s right to have the federal court determine limitation of liability.
Continue Reading Majority Rules: Ninth Circuit Joins in Treating Contribution and Indemnity Claims as Separate in Limitation Proceedings

In a much-anticipated decision, the United States Supreme Court held that choice-of-law provisions in marine insurance contracts are presumptively enforceable under federal maritime law with a few narrow exceptions. In Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC, 601 U.S. ___ (2024), the country’s highest court overturned a Third Circuit Court of…

Fires at sea have been one of the greatest risks to ships and cargo for over a thousand years, and they implicate some of maritime law’s most unique aspects.  …
Continue Reading Maritime Law: Key Legal Issues in Fires at Sea, Cargo Damage, Salvage, and More