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November 27, 2013
January 16, 2013
Anchors Aweigh
A group of Navy lawyers picked the right day, yesterday, to be sworn in to the Supreme Court bar. The first case argued, Levi v. United States, involved a malpractice and medical battery suit against a Navy surgeon. But first, the Court had an opinion to announce that might have touched on Admiralty law, but didn't.
In Lozman v. Riviera Beach the Supreme Court ruled that a houseboat is not a vessel subject to maritime law. In his opinion Justice Stephen Breyer noted that not every floating structure is a vessel. "To state the obvious, a wooden washtub, a plastic dishpan, a swimming platform on pontoons ... or Pinocchio (when inside the whale) are not 'vessels'", Breyer said, "even if they are 'artificial contrivances' capable of floating, moving under tow, and incidentally carrying even a fair-sized item or two when they do so."
The Court also heard arguments in a "takings" case, Koontz v. St. Johns River, of which I've posted a sketch below.
Not sure why the lawyer for the petitioner looks so happy. According to Lyle the argument did not seem to go his way.
Lyle Denniston's take on the "takings" case here.
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