Preferred Maritime Lien

22 Florida cases classified under this topic · sorted by citation count · browse and sort

• Findley v. Lanasa
  276 F.2d 907· 5th Cir.· 1960-04-04 ·cited 22×
  The court held that the evidence presented, particularly after a rehearing, established a prima facie case for a maritime lien for cash advances made for crew wages, which the owner failed to refute.
• Olafur Thorsteinsson v. M/V Drangur
  891 F.2d 1547· 11th Cir.· 1990-01-16 ·cited 20×
  The court held that the district court erred in placing the burden of proof on the plaintiffs regarding the validity of the Icelandic judicial sale and that foreign admiralty judgments require vessel arrest for recognition in U.S. courts. The court vacated the summary judgment an
• Gen. Elec. Credit & Leasing Corp. v. Drill Ship Mission Exploration
  668 F.2d 811· 5th Cir.· 1982-02-22 ·cited 19×
  The court held that intervenor's preseizure claims for crew wages constitute preferred maritime liens and post-seizure catering services are custodia legis expenses, both entitled to priority over the seizing creditor's preferred mortgage.
• W. Winds, Inc. v. M.V. Resolute
  720 F.2d 1097· 9th Cir.· 1983-11-21 ·cited 17×
  Contributions to employee trust funds are not considered 'wages of the crew' for the purpose of establishing a preferred maritime lien under 46 U.S.C. § 953, absent an actual loss of benefits.
• Fla. Bahamas Lines, Ltd. v. THE Steel Barge "Star 800" OF Nassau
  433 F.2d 1243· 5th Cir.· 1970-10-23 ·cited 17×
  A maritime lien for necessaries is subordinate to a foreign ship mortgage when the lien accrued through the actions of a party related to the lienor who breached a duty to the mortgagee, and when the lienor unreasonably delayed in enforcing its lien, causing prejudice.
• Scrofani v. Miami Rare Bird Farm
  208 F.2d 461· 5th Cir.· 1953-12-09 ·cited 8×
  The court held that a prior dismissal of a seamen's wage claim intervention, without clear grounds, was not res judicata, and a vessel sale under a mortgage foreclosure did not divest the seamen's preferred maritime lien for wages.
• First Nat'l Bank OF Jefferson Parish v. M/V Lightning Power
  776 F.2d 1258· 5th Cir.· 1985-11-19 ·cited 7×
  A district court should not confirm a judicial sale of a vessel if the bid price is grossly inadequate and the rights of third parties, such as lienholders, may be affected.
• ALL Alaskan Seafoods, Inc. v. M/V SEA Producer
  882 F.2d 425· 9th Cir.· 1989-08-14 ·cited 6×
  A claim for cargo damage can sound in tort, independent of contract, and thus qualify as a preferred maritime lien under the Ship Mortgage Act, taking priority over a preferred ship mortgage.
• Citibank, N.A. v. The Vessel Am. Me.
  865 F.2d 24· 2d Cir.· 1988-12-27 ·cited 6×
  Unpaid employer contributions to a pension trust fund are not 'wages of the crew' entitled to preferred maritime lien status under the Ship Mortgage Act.
• United States v. Little JOE Trawlers, Inc.
  780 F.2d 158· 1st Cir.· 1986-01-02 ·cited 6×
  Appellants, seamen whose in rem action against a vessel was dismissed, lack standing to appeal an order for disbursement of the vessel's sale proceeds from a subsequent government action.
• C. I. T. Corp. v. OIL Screw Peggy
  424 F.2d 767· 5th Cir.· 1970-04-09 ·cited 6×
  A ship's mortgage does not extend to leased equipment installed on the vessel if the mortgagor did not own or have the right to acquire the equipment.
• Oriente Commercial, Inc. v. The Am. Flag Vessel
  529 F.2d 221· 4th Cir.· 1975-11-10 ·cited 4×
  Claims against a ship as a common carrier for damage to or loss of cargo are preferred maritime liens for damages arising out of tort, and thus superior to a valid preferred mortgage lien.
• Banco de Credito Indus., S.A. v. Tesoreria General de la
  990 F.2d 827· 5th Cir.· 1993-05-14 ·cited 3×
  The court held that crewmembers' wage claims were assigned to the bank, precluding intervention, and that unpaid social security contributions do not constitute a preferred maritime lien under Spanish law or the 1926 Brussels Convention.
• Prudential Ins. v. United States Lines
  915 F.2d 411· 9th Cir.· 1990-08-31 ·cited 2×
  Unpaid employer contributions to a retirement plan are not 'wages of the crew' entitled to a preferred maritime lien.
• P.R. Mar. Shipping Auth. v. Point Vigilance Corp.
  643 F. Supp. 661· M.D. Fla.· 1985-10-10 ·cited 2×
  The Court held that employer contributions to a maritime benefit plan do not constitute 'wages of the crew' for the purpose of establishing priority under 46 U.S.C. § 953(a)(2).
• Avondale Shipyards, Inc. v. Tank Barge ETS 2303
  754 F.2d 1300· 5th Cir.· 1985-03-15 ·cited 2×
  A renewal mortgage can take priority over intervening maritime liens even if a new mortgagor assumes the original indebtedness, provided the parties intended to renew the lien and intervening lienholders are not prejudiced.
• Petition of Zebroid Trawling Corp. For Limitation of Liab.
  428 F.2d 226· 1st Cir.· 1970-06-16 ·cited 2×
  A former owner who has sold the vessel can still petition for limitation of liability, but prior liens must be independently secured and cannot be satisfied from the limitation fund.
• SHM Burnt Store, LLC v. M/Y Dorothy Ann
  M.D. Fla.· 2022-06-24
  The court granted the plaintiff's motion for final default judgment, awarding damages, custodia legis expenses, and prejudgment interest, and directing the sale of the vessel.
• Craddock v. M/Y The Golden Rule
  2015 U.S. Dist. LEXIS 65860· S.D. Fla.· 2015-05-20
  The court held that a maritime lien arises from a maritime tort committed on navigable waters, allowing for an in rem action to seize the vessel without a prior judgment lien.
• First Bank & Tr. v. Knachel
  999 F.2d 107· 5th Cir.· 1993-08-26
  The court held that the trial court did not err in finding the vessel was in navigation and that the crew was entitled to a preferred maritime lien for wages and prejudgment interest.
• The Prudential Ins. Co. OF Am. v. S.S. Am. Lancer
  870 F.2d 867· 2d Cir.· 1989-03-21
  The appellate court affirmed the denial of temporary disability benefits and inadequate work search but reversed the denial of payment for certain unauthorized medical bills, including psychiatric treatment.
• In re the Complaint of Rodco Marine Servs., Inc. v. Liliana Migliaccio
  651 F.2d 1101· 5th Cir.· 1981-07-30
  The court affirmed the deputy commissioner's finding that a claimant was not entitled to disability benefits due to a lack of continuing disability and an insufficient work search, but a concurring opinion questioned the restrictive burden placed on claimants regarding work searc