« Florida Shoreline Case - Damon Key Attorneys Submit Amicus Brief to U.S. Supreme Court | Main | Shark Tour Operations Ban - First Maui County, now Honolulu »

September 14, 2009


Aloha Mark - Thanks for an interesting and useful blog. I looked at this case with some interest because the holding impacts much of my work defending vessel owners/employers. I'd like to offer a slightly different read on the 9th Circuit's opinion. You mention that the Court declined to extend the Pennsylvania Rule to cases outside the collision context. I read the decision to indicate that the Court, although seemingly ciritical of the its application to Jones Act cases, declined to consider whether the Pennsylvania Rule applies outside the collision context. I would have preferred, frankly, that they had ruled on the issue one way or another. Seems to me they've just muddied the issue further. Thanks again for your work here. Aloha.

The comments to this entry are closed.


Subscribe | RSS


  • This blog is for informational purposes only. By reading it, you and I do not form an attorney-client relationship. If you want legal advice, retain an attorney licensed in your jurisdiction.

    This blog is not sponsored by my firm, nor is it approved by my firm, or our clients. The opinions expressed here are my own.

    © 2009-2011. All rights reserved.

Become a Fan