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Reported Cases - Federal Court
11th Circuit Defines Test for Application for U.S. or Foreign
Law in a Maritime Contract Cases. Click here for more information.
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Dresdner Bank AG, Dresdner Bank AG in
Hamburg, et al., Blohm and Voss GMBH, et. al., Monaco Telecom
International, v. M/V Olympia Voyager, Case No. 03-62225-CV-JIC,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT,
Decided 1/12/06, RULES OF THE ELEVENTH CIRCUIT COURT OF APPEALS
MAY LIMIT CITATION TO UNPUBLISHED OPINONS. PLEASE REFER TO
THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THIS
CIRCUIT.
For Intervenor-Plaintiff-Appellant: Michael T. Moore, Scott
A. Wagner
OVERVIEW: A telecommunications service provider,
Monaco Telcon, sought to enforce, by writ of arrest, a maritime
lien against two cruise ships the Olympic Voyager and the
Olympic Explorer. Unfortunately for Monaco Telcom the contract
under which the services were provided for the application
of English Law. Under English law a maritime lien does not
arise for the provision of necessaries as would be the case
under American Law. The lower court, the Honorable Stanley
Cohn, United States District Court Judge, found that Monaco
Telcom had no maritime lien and therefore whatever claim
or lien it had, said lien or claim would be inferior in priority
to the first preferred maritime lien held by the group of
German banks represented by Moore & Co. The 11th Circuit
Court of Appeals agreed and the lower court's grant of Summary
Judgment in the Bank's favor was affirmed.
. . . . . .
Fial v. Yacht Chamar, No. 93-5027, UNITED
STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, 28 F.3d
117; 1994 U.S. App. LEXIS 16972, July 7, 1994, Decided,
July 7, 1994, Filed, RULES OF THE ELEVENTH CIRCUIT COURT
OF APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE
REFER TO THE RULES OF THE UNITED STATES COURT OF APPEALS
FOR THIS CIRCUIT.
... For Defendants-Appellees: MICHAEL T. MOORE, J. RAUL COSIO,
...
. . . . . .
Harbor Fed. Sav. & Loan Ass'n v.
New River Boat Club, No. 92-4927, UNITED STATES COURT OF
APPEALS FOR THE ELEVENTH CIRCUIT, 8 F.3d 36; 1993 U.S. App.
LEXIS 27566, October 19, 1993, Decided, October 19, 1993,
Filed, RULES OF THE ELEVENTH CIRCUIT COURT OF APPEALS MAY
LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER TO
THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THIS
CIRCUIT.
For Plaintiff-Appellant: Michael T. Moore, Adolfo E. Jimenez,
...
. . . . . .
Flagship Marine Servs. v. Belcher Towing
Co., No. 91-5571., UNITED STATES COURT OF APPEALS FOR THE
ELEVENTH CIRCUIT, 966 F.2d 602; 1992 U.S. App. LEXIS 15696;
1992 AMC 2901; 6 Fla. L. Weekly Fed. C 797, July 14, 1992,
Decided
OVERVIEW: Towing services corporation was
not entitled to voluntary salvage damages from owner of troubled
vessel where parties' representatives made an agreement at
the scene whereby owner would pay corporation for its services.
... Lee County, Appellee: Michael T. Moore, HOLLAND &
KNIGHT, 1200 ...
. . . . . .
UNITED STATES v. GOLDEN, No. 88-5553,
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, 898
F.2d 148; 1990 U.S. App. LEXIS 2196, February 15, 1990,
RULES OF THE FOURTH CIRCUIT COURT OF APPEALS MAY LIMIT CITATION
TO UNPUBLISHED OPINIONS. PLEASE REFER TO THE RULES OF THE
UNITED STATES COURT OF APPEALS FOR THIS CIRCUIT.
... Carl True (OFFICE OF MICHAEL T. MOORE, on brief) for Appellant.
...
. . . . . .
Grand Union Ins. v. Employers Ins., No.
87-6081, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH
CIRCUIT, 862 F.2d 877; 1988 U.S. App. LEXIS 15836, November
16, 1988, Decided, RULES OF THE ELEVENTH CIRCUIT COURT OF
APPEALS MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE
REFER TO THE RULES OF THE UNITED STATES COURT OF APPEALS
FOR THIS CIRCUIT.
Michael T. Moore, HOLLAND & KNIGHT, Miami, ...
. . . . . .
Palmetto Int'l Export v. Colven, No.
86-5944, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH
CIRCUIT, 838 F.2d 1219; 1988 U.S. App. LEXIS 937, January
28, 1988, RULES OF THE ELEVENTH CIRCUIT COURT OF APPEALS
MAY LIMIT CITATION TO UNPUBLISHED OPINIONS. PLEASE REFER
TO THE RULES OF THE UNITED STATES COURT OF APPEALS FOR THIS
CIRCUIT.
... Shinkle, for Appellant.Michael T. Moore, HOLLAND &
KNIGHT, for ...
. . . . . .
S.E.L. Maduro (Florida), Inc. v. M/V
Antonio De Gastaneta, No. 86-5839, UNITED STATES COURT OF
APPEALS FOR THE ELEVENTH CIRCUIT, 833 F.2d 1477; 1987 U.S.
App. LEXIS 16284; 1988 AMC 1217, December 14, 1987
OVERVIEW: Summary judgment granted in favor
of current operator and current owner in an in rem action
for services rendered and goods provided to a vessel were
inappropriate when the causes of action were distinguishable.
... Moyles, John Campbell, Michael T. Moore and Mark J. Buhler,
...
. . . . . .
Belcher Oil Co. v. M/V Gardenia, No.
84-5607, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH
CIRCUIT, 766 F.2d 1508; 1985 U.S. App. LEXIS 20726; 1986
AMC 1745, July 29, 1985
OVERVIEW: The presumption that a charterer
had authority to bind a vessel was defeated by proof that
the supplier had actual notice of the charterer's lack of
authority; actual knowledge of the charter agreement's prohibition
of lien clause was unnecessary.
... Texas, for Appellant.Michael T. Moore, George Mencio,
Jr., ...
. . . . . .
In re Complaint of Caribbean Sea Transport,
Ltd., No. 83-5806, UNITED STATES COURT OF APPEALS FOR THE
ELEVENTH CIRCUIT, 753 F.2d 948; 1985 U.S. App. LEXIS 28075,
February 19, 1985
Michael T. Moore; William Hamilton, Holland & ...
. . . . . .
In re Complaint of Caribbean Sea Transp.,
No. 83-5806 , UNITED STATES COURT OF APPEALS FOR THE ELEVENTH
CIRCUIT , 748 F.2d 622; 1984 U.S. App. LEXIS 15949; 1985
AMC 1995, December 13, 1984, Amended, reh'g denied, In re
Complaint of Caribbean Sea Transport, Ltd., 753 F.2d 948,
1985 U.S. App. LEXIS 28075 (11th Cir. Fla. 1985).
OVERVIEW: Posting of security fund was condition
precedent to court's consideration of shipowner's Limitation
of Liability in Admiralty Act claim; court had discretion
to augment fund after determination that fund covered all
cargo and personal injury claims.
Michael T. Moore, William Hamilton, Holland & ...
. . . . . .
Buc Int'l Corp. v. Int'l Yacht Council,
CASE NO. 02-60772-CIV-DIMITROULEAS , UNITED STATES DISTRICT
COURT FOR THE SOUTHERN DISTRICT OF FLORIDA , 2002 U.S. Dist.
LEXIS 20609; 15 Fla. L. Weekly Fed. C 579, July 5, 2002,
Decided
OVERVIEW: Injunctive relief was granted to
holder of multiple listing service (MLS) for yachts as against
competitor's MLS website, as to MLS's descriptive words, but
not as to factual information, which was not protected even
though it took years to develop.
... ASSOCIATION, INC., defendants: Michael T. Moore, Holland
& Knight, Miami, ...
. . . . . .
Dannebrog Rederi AS v. M/Y True Dream,
CASE NO: 99-2908-CIV-GOLD/SIMONTON Consolidated with: 99-2911-CIV-GOLD/SIMONTON,
99-2926-CIV-GOLD/SIMONTON, 99-3396-CIV-GOLD/SIMONTON, UNITED
STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA,
146 F. Supp. 2d 1307; 2001 U.S. Dist. LEXIS 8136; 2001 AMC
2508; 14 Fla. L. Weekly Fed. C 373; 14 Fla. L. Weekly Fed.
D 373, February 28, 2001, Decided, February 28, 2001, Filed
OVERVIEW: Insurance underwriters' motion
for leave to amend their complaint in an admiralty action
was denied, since the amendment would have unduly prejudiced
the yacht owner and third parties who had made agreements
to purchase the yacht.
... V "SKANDERBORG", Plaintiffs. Michael T. Moore,
Esquire, Holland & Knight, ...
. . . . . .
Classic Fashions, Inc. v. Navieras N.P.R.,
Inc., CASE NO. 96-3501-CIV-HIGHSMITH, UNITED STATES DISTRICT
COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, 71 F. Supp.
2d 1241; 1999 U.S. Dist. LEXIS 16299, March 5, 1999, Decided,
March 5, 1999, Filed
OVERVIEW: Plaintiff was not entitled to summary
judgment in action for loss of cargo because plaintiff failed
to prove that it delivered claimed amount of goods to defendant
shipper, and defendants' liability was limited by bill of
lading valuation clause.
... INC., cross-defendant: Michael T. Moore, Alex M. Gonzalez,
...
. . . . . .
Costa Crociere, S.p.A. v. Rose, IN ADMIRALTY
CASE NO. 95-0377-CIV-MARCUS, UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA, 939 F. Supp. 1538;
1996 U.S. Dist. LEXIS 12917; 1996 AMC 2797, July 15, 1996,
Decided, July 15, 1996, FILED
OVERVIEW: The seaman had not reached maximum
medical improvement for purposes of maintenance and cure because
further treatment, in the form of a kidney transplant, would
result in the betterment of the seaman's condition.
Michael T. Moore, Esq., Holland & Knight, ...
. . . . . .
Camper & Nicholsons Int'l, Ltd.
v. Blonder Marine & Charter, Inc., CASE No. 92-6384-CIV-GONZALEZ,
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF
FLORIDA, 793 F. Supp. 318; 1992 U.S. Dist. LEXIS 10130;
6 Fla. L. Weekly Fed. D 287, June 25, 1992, Decided, June
25, 1992, Filed
OVERVIEW: Plaintiffs, foreign citizens, filed
an action against defendants, AmErinan and foreign citizens.
There was no complete diversity because there were foreign
citizens on both sides of the action. Thus, the court lacked
subject matter jurisdiction.
For the Plaintiffs Michael T. Moore and Adolfo E. Jimenez
of ...
. . . . . .
Flagship Marine Services, Inc. v. Belcher
Towing Co., Case No. 89-1936-CIV, UNITED STATES DISTRICT
COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, 761 F. Supp.
792; 1991 U.S. Dist. LEXIS 5496; 1992 AMC 181, April 18,
1991, Decided
Michael T. Moore, Esq., Barbara E. ...
. . . . . .
A.R. Lantz Co. v. United Trans-Caribbean,
Nos. 82-1122-CIV-Hoeveler, 82-1123-CIV-Hoeveler, 82-1236-CIV-Hoeveler,
82-2582-CIV-Hoeveler, 82-2583-CIV-Hoeveler, UNITED STATES
DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA, 1987
U.S. Dist. LEXIS 14566; 1988 AMC 2486, June 25, 1987, Decided;
June 26, 1987, Filed
OVERVIEW: Court entered judgment against
vessel owner and operator, in an action for damages for denigration
of a cargo of frozen shrimp caused by refrigeration and generator
problems aboard transporting ship, because ship was unseaworthy.
... PlaintiffHolland & Knight, Michael T. Moore and Mark
J. Buhler, ...
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