Civil Procedure Maritime Constitutional Law

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The Labors of Hercules: Federal District Court in Washington Rejects Free Removability of General Maritime Law Claims Under 28...

As reported in two prior posts (The Removal of the Ancient Mariner - The Developing Jurisprudence Allowing Removal of General Maritime Law Claims under the Recent Amendments to 28 U.S.C. §1441(b) and The Removal of the...more

The Removal of the Ancient Mariner - Reprising a Sea-Change in Admiralty Law

As originally discussed in a recent post on Striding the Quarterdeck (December 9, 2013), amendments to 28 U.S.C. §1441 have effected a sea-change in admiralty procedure by ostensibly allowing removal of general maritime law...more

Offshore Fairness Act Proposes Extending States’ Offshore Jurisdiction

The offshore jurisdiction of states in the southeastern U.S. could triple in the relatively near future. Two Louisiana Congressmen, U.S. Sen. David Vitter and U.S. Rep. Bill Cassidy, recently introduced companion bills styled...more

Supreme Court Issues New "Reasonable Observer" Test on What Constitutes a Vessel

In Lozman v. City of Riviera Beach, Florida, No. 11-626 (January 15, 2013), the U.S. Supreme Court "reformulated" the definition of "vessel." It explained that an objective test, which looks to the physical characteristics of...more

McAfee & Taft RegLINC - May 2011: New guidance on identifying waters protected by the Clean Water Act By Robert J. Joyce

On April 27, EPA issued a draft of its controversial new Guidance on Identifying Waters Protected by the Clean Water Act (“Guidance”). The guidance is the latest effort by EPA and the Army Corps of Engineers (the “Agencies”)...more

Hamrick v. United States, et al, U.S. District Court for DC, Case No. 10-857-JDB, Amended Admiralty/RICO Act Complaint

Admiralty/RICO Act Case for Second Amendment Rights of U.S. SeamenNot Applicable

Second Amendment right to keep and bear arms in intrastate, interstate, and maritime travel from a U.S. merchant seaman's point of view. Case started as a simple judicial review of the U.S. Coast Guard's Final Agency Action...more

Yeager v. City of San Diego, et al.

Appellee's Respondent BriefCalifornia

The issue on appeal was whether the District Court judge abused its discretion when the Court dismissed Appellant's third amended complaint without leave to amend. Appellees argued Appellant's complaint failed to state a...more

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