Justia U.S. 2nd Circuit Court of Appeals Opinion Summaries

In the early hours of August 21, 2017, the M/V ALNIC, a Liberian-flagged oil-and-chemical tanker, collided with the U.S.S. JOHN S. MCCAIN, a Navy destroyer, in the Singapore Strait. The collision resulted in the deaths of ten Navy sailors and injuries to dozens more. Both vessels sustained significant damage. Energetic Tank, Inc., the owner of ALNIC, sought exoneration from or limitation of liability for the collision. Forty-one Navy sailors or their representatives, along with the United States, filed claims for damages against Energetic. Energetic counterclaimed against the United States. The parties agreed on the monetary value of the damages to ALNIC and MCCAIN as $442,445 and $185 million, respectively.The United States District Court for the Southern District of New York concluded that Singapore law would govern the determination of liability and the calculation of damages. After a Phase 1 bench trial, the district court denied Energetic’s petition for exoneration or limitation of liability, allocating 80% of the fault to the United States and 20% to Energetic. The court indicated it would proceed to a Phase 2 trial to determine damages to the Sailor-Claimants. Energetic appealed, and while the appeal was pending, the district court dismissed Energetic’s claims for contribution or indemnity against the United States for any damages awarded to the Sailor-Claimants, citing sovereign immunity. Energetic also appealed this order. The district court retroactively certified its earlier opinion on the apportionment of liability as a final judgment as to the United States. Several Sailor-Claimants cross-appealed, challenging the application of Singapore law to the calculation of damages.The United States Court of Appeals for the Second Circuit found no error in the district court’s apportionment of liability under Singapore law or its sovereign immunity ruling, affirming the district court’s judgment and order on Energetic’s appeals. However, the court dismissed the Sailor-Claimants’ cross-appeals for lack of jurisdiction, as the choice-of-law ruling was a non-appealable collateral order. View "In the Matter of Energetic Tank, Inc." on Justia Law

The case involves a dispute over the legality of an agreement between River 1, LLC, an American company, and Viking USA LLC, a subsidiary of a Swiss company, under federal maritime law. The United States Maritime Administration (MARAD) had confirmed the legality of the agreement as a "time charter" under 46 U.S.C. § 56101(a)(i). However, American Cruise Lines argued that the agreement should be construed as a "bareboat" charter which is not covered under the standing blanket approval of MARAD, and thus, grants a foreign company impermissible control of an American vessel.The United States Court of Appeals for the Second Circuit affirmed MARAD's decision. It found that the agreement didn't grant Viking exclusive possession and control of the cruise ship in a way that blackletter maritime law recognizes as sufficient to create a bareboat charter. It noted that the ship's crew was provided by River 1, the vessel master was overseen by River 1, and River 1 bore primary responsibility for the ship’s day-to-day maintenance and care. Viking's ability to set the itinerary was consistent with the maritime law definition of a time charter.The court also rejected American Cruise Lines' allegations that MARAD failed to follow the notice and comment provisions applicable to this case. It concluded that MARAD fully complied with the new procedural requirements imposed by the National Defense Authorization Act of 2021. View "American Cruise Lines v. United States of America" on Justia Law

Deltech Corp. (“Deltech”), a chemical manufacturer, joins here with Stolt-Nielsen USA, Inc., and Stolt Tank Containers B.V. (together, “Stolt”), a shipping concern, to challenge the district court’s determination that they alone bear liability for damages caused by an explosion and fire that took place in June 2012 aboard the ocean-going vessel M/V MSC Flaminia. In the first phase of a three-part proceeding, the district court addressed the causes of the explosion. It determined that the decision to ship DVB-80 from New Orleans Terminal rather than a northeastern port, the early filling of the DVB-80 containers and their early transport to New Orleans Terminal, the conditions in which the tanks of DVB-80 were kept at New Orleans Terminal, and their placement and stowage onboard the Flaminia were the primary causes of the explosion. It exculpated other parties to the shipping transaction from legal liability. It is this decision that Deltech and Stolt challenge now in an interlocutory appeal.   The Second Circuit affirmed in part and reversed in part. The court reversed the district court’s determination that Deltech and Stolt are strictly liable under Section 4(6) of the Carriage of Goods at Sea Act (“COGSA”), but the court affirmed its ruling that Deltech and Stolt are liable under a failure-to-warn theory pursuant to Section 4(3).  As to the other defendants, the court affirmed the district court’s conclusion that the carrier and related shipowner interests were not negligent in their treatment of the shipment and that New Orleans Terminal too, was not negligent. The court also affirmed the district court’s determination that Stolt has not stated a claim against its subcontractor. View "In re: M/V MSC Flaminia" on Justia Law

The Second Circuit held that maritime complaints seeking exoneration from or limitation of liability pursuant to the Limitation of Liability Act must contain sufficient factual matter to satisfy the plausibility standard applicable to pleadings under Federal Rule of Civil Procedure 8(a), as interpreted by the Supreme Court in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009). The court concluded, however, that petitioner's Second Proposed Amended Complaint met that standard, and thus the district court exceeded its discretion in denying the motion for leave to amend.In this case, petitioner sought exoneration from or limitation of liability pursuant to 46 U.S.C. 30511 et seq. in connection with a fatal boating accident. The district court dismissed the maritime complaint for failure to allege sufficient factual matter to state a plausible claim for exoneration or limitation, and denied his motion for leave to amend. The court affirmed the judgment to the extent that it dismissed the initial complaint and denied petitioner's first motion for leave to amend, but reversed the judgment to the extent it denied the second motion for leave to amend on grounds of futility and bad faith. The court remanded for further proceedings. View "Bensch v. Estate of Umar" on Justia Law

Plaintiff filed suit alleging that Section 431 of the Smoot-Hawley Tariff Act of 1930, which requires all vessels arriving in the United States to maintain a manifest on which is recorded information about the just-completed voyage and an account of what is on board, requires aircraft entering the United States to make available for public disclosure such manifests detailing the journey and cargo aboard.The Second Circuit affirmed the district court's dismissal in part of plaintiffs' complaint. The court considered the different tools of statutory interpretation and held that section 431(c)(1) continues to require the government to make available for public disclosure manifests only of vessels, meaning "water craft or other contrivance used, or capable of being used, as a means of transportation in water, but...not...aircraft." The court considered plaintiffs' remaining arguments on appeal and concluded that they are without merit. View "Panjiva, Inc. v. United States Customs and Border Protection" on Justia Law

The Second Circuit affirmed defendant's convictions, after pleading guilty, of conspiring to engage in drug trafficking activity in violation of the Maritime Drug Law Enforcement Act (MDLEA). Defendants challenged the adequacy of their unconditional guilty pleas.The court held that the government has met its evidentiary burden in establishing that defendants' boat was a stateless vessel and thus subject to the jurisdiction of the United States; Section 70506(b) of the MDLEA encompasses land-based conspiratorial conduct, which Congress is authorized to proscribe under the Necessary and Proper Clause; although due process requires a sufficient nexus with the United States for those not on board a stateless vessel to be prosecuted under the MDLEA, in this instance, defendants' prosecutions satisfy due process; and Congress did not exceed its legislative authority in enacting the MDLEA pursuant to the Define and Punish Clause. View "United States v. Alarcon Sanchez" on Justia Law

The Authority appealed the district court's grant of summary judgment to defendants, two vessels and their corporate owners, in an action brought under the federal Oil Pollution Act (OPA) and state law. The claims arose from the release of thousands of gallons of oil from a submarine power-transmission cable into Long Island Sound, which the Authority alleges was caused by the defendant vessels dropping anchor.The Second Circuit vacated the district court's order and held that the submarine cable is indeed "used for" one of the enumerated "purposes" in the OPA's definition of "facility." Consequently, the panel found that the cable system is used for at least one of the enumerated purposes in the statute. Therefore, the district court erred in dismissing the Authority's OPA claims and in concluding that the Authority's New York Oil Spill Law claims had to be brought in the parallel proceeding on that basis. The court remanded for further proceedings. View "Power Authority of the State of New York v. M/V Ellen S. Bouchard" on Justia Law

Atlantic sought a declaratory judgment that the insurance policy it had issued to Coastal was void ab initio or, in the alternative, that there was no coverage for the loss of the barge or damage to an adjacent pier. District Court Judge Wexler passed away prior to issuing his findings of fact and conclusions of law. The case was transferred to Judge Azrack, who, after no party requested the recall of any witness under Federal Rule of Civil Procedure 63, issued findings of fact and conclusions of law in her role as successor judge and entered judgment finding Atlantic liable to Coastal under the terms of the policy.Under Federal Rule of Civil Procedure 52(a)(6), factual findings of successor judges who have certified their familiarity with the record are subject to the "clearly erroneous" standard of review. The Second Circuit also held that, under Federal Rule of Civil Procedure 63, a successor judge is under no independent obligation to recall witnesses unless requested by one of the parties. In this case, the court found no reversible error in Judge Azrack's findings of fact and conclusions of law, including findings that Coastal did not breach its duty of uberrimae fidei, and thus the policy was not void; Atlantic failed to prove that the vessel was unseaworthy; the loss of the vessel was due to a "peril of the sea" and was covered by the policy; Coastal was entitled to damages for contractual payments withheld by its contractor for repairs to a pier; and Coastal proved its damages using only a summary spreadsheet of invoices, as evidence. View "Atlantic Specialty Insurance Co. v. Coastal Environmental Group Inc." on Justia Law

The Second Circuit affirmed defendant's conviction for engaging in drug trafficking activity, and conspiring to do so, in violation of the Maritime Drug Law Enforcement Act. The court held that defendant waived his Confrontation Clause and jury trial right challenges to his conviction by pleading guilty.The court also held that the Due Process Clause did not require a nexus between the United States and the MDLEA violations that transpire on a vessel without nationality. The court explained that such prosecutions are not arbitrary, since any nation may exercise jurisdiction over stateless vessels, and they are not unfair, since persons who traffic drugs may be charged with knowledge that such activity is illegal and may be prosecuted somewhere. The court considered defendant's remaining arguments and found them meritless. View "United States v. Van Der End" on Justia Law

Defendants pleaded guilty to conspiracy to distribute cocaine, and to possess cocaine with intent to distribute, while on board a stateless vessel subject to the jurisdiction of the United States, in violation of the Maritime Drug Law Enforcement Act, 46 U.S.C. 70501 et seq.The Second Circuit dismissed the indictment, because the government failed to demonstrate, as required by section 70504, that the vessel was subject to the jurisdiction of the United States. In this case, the indictment should have been dismissed upon the government's failure to demonstrate at the pretrial hearing that the vessel was subject to the jurisdiction of the United States. Furthermore, the error was not cured by defendants' subsequent defective guilty pleas. Accordingly, the court vacated the convictions. View "United States v. Prado" on Justia Law