Thomas S. Rue

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Survey Article


The Court of Appeals for the Eleventh Circuit decided eight admiralty cases with written opinions in 1995. Five of the decided cases involved issues of first impression. One case considered whether appellate review may be exercised over a stay order favoring arbitration after the stayed action is dismissed for failure to arbitrate as ordered. Two cargo cases dealt with issues of first impression. One case involved two issues of first impression: whether the carrier's failure to deliver the goods on a sight draft basis constituted a misdelivery and whether a misdelivery amounted to a deviation causing the loss of the defenses provided by the Carriage of Goods by Sea Act. The second cargo case addressed whether the carrier can invoke the fire defense of the Carriage of Goods by Sea Act and the Fire Statute without first demonstrating that it had acted with due diligence in providing a seaworthy vessel. A longshore case involved the applicability of the anti-assignment provision of the Longshore and Harbor Workers' Compensation Act to an assignment of annuity payments made to secure a bank loan. The final case of first impression involved a seaman and whether or not his unearned wages included tips he would have earned aboard a cruise ship as a cabin steward. The remaining three cases did not change the law as it exists in this circuit.

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