Case Summaries

Admiralty

[09/05] Wong v. Bush
In a case alleging First Amendment and National Environmental Protection Act violations by the U.S. Coast Guard in establishing safety zones insulating a private super-ferry from blockade by local protesters, denial of declaratory judgment is affirmed despite plaintiff's standing to sue where: 1) the safety zones established by the Coast Guard did not violate the First Amendment; and 2) the Coast Guard need not consider the secondary environmental effects of the super-ferry itself in the decision to establish safety zones.

[08/28] US v. Carrasco
Convictions for possession of cocaine and heroin are vacated and remanded where: 1) the district court plainly misremembered its own ruling and the state of the docket; 2) admission of one defendant's confession to impeach him may have made the difference between his conviction and his acquittal; and 3) district court's reversal of its own ruling, with no consideration for the reliance of the parties and after other defendant had already testified, may have swayed jury to convict. District court's denial of motion to suppress the evidence seized after search of the boat is affirmed over claims of error that: 1) defendants did not consent to the search; and 2) the district court erred in its alternative determination that the search met the requirements of a border search. Denial of appellants' motions for judgment of acquittal is affirmed over claims of error that the jury did not have sufficient evidence before it to convict defendants.

[08/25] In Re: S. Scrap Material Co. LLC
In an action in which the United States sought to bring a personal liability claim under the Wreck Act for removal of a sunken drydock, a judgment lifting and modifying an injunction to allow the liability claim to proceed is affirmed where: 1) the government could state a personal liability claim under the Wreck Act for the recovery of its actual cost of removing a sunken vessel from a navigable waterway without alleging that the vessel owner negligently caused the sinking; and 2) the Limitation of Liability Act did not apply to limit the recovery by the government of wreck removal costs under the Wreck Act.

[08/25] US v. MV Sanctuary
Warrant authorizing the Environmental Protection Agency (EPA) to inspect the M/V Sanctuary for polychlorinated biphenyls (PCBs) is affirmed where the EPA has authority to obtain an administrative warrant to carry out its authority under the Toxic Substances Control Act (TSCA).

[08/22] Williamson v. Recovery Ltd. P'ship
In maritime claim against defendants for alleged nonpayment of contracts, decision in favor of plaintiffs is affirmed where: 1) the contracts between plaintiffs and defendants are maritime contracts; 2) the notice requirements of Rule B were met; 3) equitable factors did not weigh in favor of vacating the maritime attachments; and 4) a Rule 11 hearing was not required.

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Workers' Comp

[09/04] Merritt v. United Parcel Serv.
Decision of Industrial Accident Board to terminate disability plaintiffs paid to claimant by employer is reversed where an admission by employer that claimant's disability was "on-going" was the equivalent of a judicial admission and should have been given conclusive effect.

[09/03] Padilla v. Pomona College
In an action for personal injury and premises liability arising from a worksite injury during the remodel of a dormitory at defendant Pomona College, grant of summary judgment in favor of defendants is affirmed over claims of error that: 1) defendants had delegated the task of making the worksite safe to others, and that they did not exercise any retained control in a manner that affirmatively contributed to plaintiff's injuries; 2) California Occupational Safety and Health Act of 1973 (Cal-OSHA) regulations did not establish defendants' negligence per se or impose a non-delegable duty on defendants; and 3) that plaintiff's expert testimony lacked foundation.

[08/29] In Re: Poly-America, L.P.
In a retaliatory-discharge case in which plaintiff challenged the grant of defendant's motion to compel arbitration, petition for writ of mandamus is conditionally granted where: 1) provisions of the arbitration agreement prohibiting punitive damages or reinstatement undermined the purposes of the Workers' Compensation Act and were void as unconscionable; 2) provisions requiring splitting of arbitration fees between employer and employee and placing limits on discovery were not unconscionable; and 3) the unconscionable provisions of the agreement were severable and the agreement was otherwise enforceable.

[08/22] Craft v. Astrue
Denial of a motion to alter or amend a judgment that plaintiff did not qualify for Disability Insurance or Supplemental Security Income benefits is reversed and remanded where: 1) there was not an "accurate and logical bridge" between the ALJ's recitation of the mental medical evidence and a decision to account for plaintiff's mental impairments by limiting him to unskilled work; and 2) the stated reasons of the ALJ for finding that plaintiff lacked credibility were contradicted by the objective evidence.

[08/18] US v. Simpson
A sentence and order of restitution imposed for defendant's crime of mail fraud, involving his underreporting of payroll information for his businesses to his workers' compensation insurance carriers, is affirmed where the district court correctly concluded that the "loss" caused by this conduct was the amount of additional premiums that the insurance carriers would have charged had they been given accurate information.

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