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897 F.2d 58·
2d Cir.·
1990-02-23
·cited 4×
The Limitation of Liability Act applies to pleasure boats, but summary judgment was inappropriate because a genuine issue of material fact exists regarding the owner's privity or knowledge of the operator's incompetence.
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459 F. Supp. 2d 1275·
S.D. Fla.·
2006-10-23
·cited 3×
The court held that a release signed by an adult is enforceable, but a parental pre-injury release for a for-profit activity is not enforceable against a minor. The doctrine of unseaworthiness does not apply to passengers.
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709 F. Supp. 1123·
S.D. Fla.·
1989-02-24
·cited 3×
The owner of a vessel is entitled to limit liability under the Limitation Act if they were not in privity or had knowledge of the negligence or unseaworthiness that caused the accident, even if they delegated management to a third party.
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986 F.2d 1260·
9th Cir.·
1993-02-05
·cited 2×
The court held that diving from a houseboat is not an activity substantially related to traditional maritime activity, thus admiralty jurisdiction does not lie.
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981 F.2d 752·
5th Cir.·
1993-01-06
·cited 2×
The court held that the arbitration clause in the towage agreement was broad and encompassed the indemnity/contribution dispute, requiring a stay of proceedings pending arbitration.
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902 F.2d 368·
5th Cir.·
1990-06-04
·cited 2×
A class action cannot be maintained in a limitation of liability proceeding, and the district court did not abuse its discretion in denying permission for late filed claims.
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857 F.2d 571·
9th Cir.·
1988-09-14
·cited 2×
The court held that the F/V Fjord is not liable in rem because the operator of its skiff was not in lawful possession, and that a state statute imposing unlimited liability is preempted by federal maritime law. The court also affirmed the finding that the lack of lights was not a
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809 F.2d 1435·
9th Cir.·
1987-02-12
·cited 2×
The court held that the Association's claims for loss of pay and benefits by shoreside employees do not constitute maritime liens and therefore cannot subordinate the United States' preferred ship's mortgage.
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748 F.2d 622·
11th Cir.·
1984-12-13
·cited 2×
The court held that the value of pending freight for limitation purposes is determined by the entire round trip voyage, but remanded for a hearing on whether additional security is required for personal injury claims under section 183(b).
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2020 WL 10355092·
M.D. Fla.·
2022-11-16
·cited 1×
The court held that the plaintiff must undertake a reasonable investigation to determine mailing addresses for known potential claimants before the limitation of liability proceeding can be considered final.
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46 F. Supp. 2d 1297·
M.D. Fla.·
1999-04-21
·cited 1×
The court held that the petitioner has the right to litigate whether it is entitled to limit its liability under the Limitation of Liability Act, and therefore denied the claimants' motion for summary judgment.
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742 F. Supp. 1143·
S.D. Fla.·
1990-07-20
·cited 1×
Anheuser-Busch is not entitled to limitation of liability under the Limitation of Liability Act because it was not a bareboat charterer of the vessel involved in the accident.
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715 F. Supp. 341·
M.D. Fla.·
1989-06-06
·cited 1×
The Limitation of Liability Act applies to owners of pleasure craft in this circuit.
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M.D. Fla.·
2025-12-10
The court granted the Petitioner's Motion for Entry of Default Judgment, adopting the Magistrate Judge's recommendation.
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S.D. Fla.·
2025-11-03
In a maritime limitation of liability proceeding, the court granted the vessel owner's motion for final default judgment against all claimants who failed to respond to proper notice of the complaint. The court found that the owner satisfied all notice requirements under Supplemen
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M.D. Fla.·
2025-09-24
The court held that an ad interim stipulation for the value of a vessel in a limitation of liability action is insufficient without a letter of undertaking from the insurer or other appropriate surety.
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M.D. Fla.·
2025-09-12
The court recommended granting the motion for default judgment, finding the Limitation of Liability Act applies and the petitioner sufficiently pleaded facts to rebut the presumption of negligence.
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M.D. Fla.·
2025-07-07
The court recommended granting the petitioners' motion for a final default judgment against all claimants who failed to file a claim or answer by the established deadline.
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M.D. Fla.·
2025-06-20
The court held that the petitioner's motion for an order approving a letter of undertaking and directing issuance of monition and injunction is denied without prejudice because the petitioner failed to file an ad interim stipulation of value.
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M.D. Fla.·
2025-03-06
The court held that the petitioner's motion for entry of default against non-filing claimants was denied because the petitioner failed to adequately certify compliance with notice requirements.
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S.D. Fla.·
2024-11-12
The court recommended granting the claimant's motion to stay the limitation of liability action and dissolve the injunction, allowing the claimant to pursue a negligence action in Florida state court.
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M.D. Fla.·
2024-08-15
The court held that an ad interim stipulation for security in a limitation of liability action is inadequate without a letter of undertaking from the insurer.
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M.D. Fla.·
2024-08-12
The court held that the Petitioner's motion to approve the ad interim stipulation and enter monition and injunction must be denied because the stipulation was deficient and did not comply with the requirements of Supplemental Rule F.
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M.D. Fla.·
2024-07-31
The court granted the petitioner's motion for exoneration from or limitation of liability, approving an ad interim stipulation as security and ordering a stay of other proceedings.
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S.D. Fla.·
2024-07-02
The court held that the claimant's statement of claims sufficiently alleged notice of dangerous conditions and that the claims for vicarious liability, negligent training, and negligent entrustment were not duplicative, thus denying the motion to dismiss. The court also denied th
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M.D. Fla.·
2024-05-29
The court held that a motion for default judgment against non-appearing claimants in a limitation of liability action must be denied without prejudice if the petitioner fails to provide evidence of mailing notice to all known claimants.
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M.D. Fla.·
2024-05-15
The court held that a petitioner seeking default judgment in a limitation of liability action must demonstrate compliance with the mailing requirements of Supplemental Rule F(4), including mailing notice to all known claimants.
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M.D. Fla.·
2024-04-16
The court held that a single claimant's motion to stay a limitation-of-liability action and lift the automatic stay should be granted when the claimant provides proper stipulations.
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M.D. Fla.·
2024-04-03
The court held that the six-month filing deadline under the Limitation of Liability Act is a non-jurisdictional claim-processing rule, and failure to meet it does not deprive the court of subject matter jurisdiction.
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S.D. Fla.·
2024-03-12
The court granted the motion to amend the petition, finding that the son qualified as an owner pro hac vice under the Limitation of Liability Act.
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M.D. Fla.·
2024-03-04
The court denied the petitioners' motion for clerk's default and default judgment because they failed to comply with local rules regarding notice publication.
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M.D. Fla.·
2023-12-27
The court held that the Petitioner's ad interim stipulation of value and stipulation for costs was deficient and therefore denied without prejudice.
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M.D. Fla.·
2023-12-11
The court adopted the Magistrate Judge's Report and Recommendation, granting Petitioners' Motion for Default Judgment and exonerating them from liability.
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M.D. Fla.·
2023-06-28
Goodloe Marine hired Caillou Island Towing Company (CIT) to tow its dredge from Texas to Florida, but the dredge sank in the Gulf of Mexico on January 22, 2020, after CIT sailed into heavy seas despite available weather forecasts predicting waves of four to seven feet and Captain
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M.D. Fla.·
2023-06-23
The court held that a single claimant may pursue their action in state court, provided they file stipulations protecting the vessel owner's right to have the admiralty court ultimately adjudicate its claim to limited liability.
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M.D. Fla.·
2023-05-15
The court held that the claimant's claim failed to state a claim upon which relief could be granted because it did not allege the necessary elements of negligence, specifically the duty owed by the petitioner.
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M.D. Fla.·
2023-03-14
In a collision between two recreational fishing vessels in dense fog off the coast of Naples, Florida, the court found Dr. Julie Leonard solely liable for the accident because she operated her vessel at 29 mph in severely limited visibility (75-100 feet), violating federal mariti
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M.D. Fla.·
2023-02-10
The court granted the claimant's motion to lift the injunction and stay on her state court action, finding her stipulations adequate to protect the vessel owner's limitation rights.
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M.D. Fla.·
2023-01-05
The court held that a claimant seeking to lift an injunction in a limitation action must adequately stipulate to how her case will proceed in the event the court grants either exoneration or limitation of liability.
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M.D. Fla.·
2022-11-22
The court held that genuine disputes of material fact exist regarding the vessel owner's negligence and privity, precluding summary judgment on the Limitation Act claim.
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M.D. Fla.·
2022-08-10
The court granted the petitioners' motion for reconsideration, approving their Letter of Undertaking and directing the Clerk to issue a monition and injunction, allowing them to proceed with their limitation of liability action.
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S.D. Fla.·
2022-07-28
An explosion and fire destroyed a motorboat at a fuel dock at Bahia Mar Marina in Fort Lauderdale on January 17, 2021, injuring the boat's owner Reichen Kuhl and damaging a nearby yacht. Kuhl sought to limit his liability under federal maritime law, while the yacht's owner sued K
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M.D. Fla.·
2022-06-24
The court denied the petitioners' motion for an order approving a letter of undertaking, issuance of monition and injunction, and directing the clerk to issue notice to claimants.
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M.D. Fla.·
2022-06-22
The court adopted the magistrate judge's report and recommendation, granting the motion for default judgment and exoneration by default.
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M.D. Fla.·
2022-03-07
The court adopted the Magistrate Judge's Report and Recommendation, granting the Petitioners' Motion for Default Judgment and dismissing the case with prejudice except for one filed claim.
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M.D. Fla.·
2021-08-05
A claimant who is not the owner of a vessel cannot obtain an injunction under the Limitation of Liability Act to stay state court proceedings against them.
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S.D. Fla.·
2020-09-24
The court denied the motion for a stay pending appeal, finding the movant failed to demonstrate a substantial likelihood of success on the merits or a substantial risk of irreparable injury.
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M.D. Fla.·
2020-06-29
The court held that an ad interim stipulation for security in a limitation of liability action must identify a surety or be accompanied by a letter of undertaking to guarantee payment.
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M.D. Fla.·
2020-04-13
The court granted the plaintiffs' motion for an extension of time and approved their stipulations for security, ordering them to publish notice to claimants and enjoining further actions against them.
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S.D. Fla.·
2020-01-31
The court held that the vessel owner and marina operators were entitled to summary judgment because the diver's failure to follow safety regulations and notify the crew meant they owed no duty or could not have proximately caused the accident, and the diver's procedural arguments