Published Works

Reported Cases

Lloyd’s of London v. CISPRI, et. al, No. 3:21-cv-000252 JMK (D. Alaska March 31, 2023) (ruling on coverage dispute between commercial general liability and charterer’s liability policies for incident involving a seaman injured on a vessel while mooring to a platform).
CISPRI v. Furie Operating Alaska, LLC, 2021 Final Award at SMA Arbitration (August 9, 2021) (Contribution demand by vessel owner against platform owner arising from seaman’s personal injury that was settled by vessel owner).
Southard v. Ballard Marine Construction, Inc., No. C1905971 BHS, 2020 U.S. Dist. LEXIS 80022 (W.D. Wash. May 6. 2020) (ruling on seaman status involving claim of commercial diver allegedly injured while working as compressed air worker).
Weyerhaeuser Co. v. Novae Syndicate 2007, No. C18-0585JLR, 2019 U.S. Dist. LEXIS 139137 (W.D. Wash. Aug. 16, 2019) (ruling on justiciability in complex insurance coverage dispute).
Certain Underwriters at Lloyd’s v. Pettit, No. C17-259RSM, 2018 U.S. Dist. LEXIS 36717 (W.D. Wash. Mar. 6, 2018) (favorable ruling on summary judgment in marina fire litigation).
Certain Underwriters at Lloyd’s, London v. Pettit, No. C17-259RSM, 2018 U.S. Dist. LEXIS 33840 (W.D. Wash. Mar. 1, 2018) (favorable ruling on summary judgment on issue of affirmative defenses in marina fire litigation).
Teras Chartering, LLC v. Hyupjin Shipping Co., No. C16-0188RSM, 2017 U.S. Dist. LEXIS 126303 (W.D. Wash. Aug. 9, 2017) (favorable ruling on summary judgment on demurrage claims arising out of voyage charter between Thailand, Korea and Venezuela).
OSG Ship Management, Inc. v. Sisto Andrew, 75477-7-1 (Wash. Ct. App. Jul. 3, 2017) (affirming trial court’s confirmation of arbitration decision that granted specific performance of settlement agreement “no-sail” provision).
Noll v. Am. Biltrite, Inc., 188 Wn.2d 402, 395 P.3d 1021 (2017) (personal jurisdiction challenge in asbestos case for which NBF attorneys provided amicus briefing that the Washington Supreme Court cited as persuasive).
Teras Chartering, LLC v. Hyupjin Shipping Co., 2017 AMC 1311,, 2017 U.S. Dist. LEXIS 83533 (W.D. Wash. May 31, 2017) (granting summary judgment on laytime provisions in liner booking note).
Adamson v Port of Bellingham, 72925-0-I, 192 Wn. App. 921, 374 P.3d 170 (Wash. Ct. App. Mar. 14, 2016) (affirming trial court’s dismissal of State of Alaska based on employer immunity to third-party suit arising from injury to state-employed seaman in Washington).
In the Matter of: The Complaint of William and Myo Shears, owners of the M/V SHEAR JOY, for Limitation of Liability, 2016 AMC 30019 (W.D. Wash 2016) (obtaining summary judgment limiting liability of vessel owner whose vessel was alleged to have caused a marina fire).
Hai v. STL Int’l, Inc., 43877-1-II, 2014 WL 1494107 (Wash. Ct. App. Apr. 15, 2014).
In re Bell, C12-1126JLR, 2014 WL 129642 (W.D. Wash. Jan 13, 2014).
Cedell v. Farmers Ins. Co of Wash., 176 Wn.2d 686, 295 P.3d 239 (2013).
Millgan v. Crux Subsurface, Inc., 2012 WL 4478664 (D. Ak., Sep. 27, 2012) (summary judgment awarded to employer on the issue of seaman status because the nature of the employee’s connection to the barge on which he was temporarily assigned was not substantial).
Schibel v. Johnson, 168 Wn. App. 1046, 2012 WL 2326992 (Wash. Ct. App. June 19, 2012) (affirming dismissal of claims after plaintiff failed to appear for trial).
Riley v. Trident Seafoods Corp., 2012 WL 245248 (D. Minn., Jan. 26, 2012) (decision from district court adopting recommendation from magistrate to dismiss lawsuit based upon venue selection clause).
Riley v. Trident Seafoods Corp., 2012 WL 245074 (D. Minn., Jan. 9, 2012) (report from magistrate recommending enforcement of venue selection clause).
Cedell v. Farmers Ins. Co. of Wash., 157 Wn. App. 267, 237 P.3d 309 (2011) (insurer has right to attorney-client privilege in a bad-faith action absent a showing of established exception such as fraud).
Green v. City of Wenatchee, 148 Wn. App. 351, 199 P.3d 1029 (2011) (findings in consent judgment that had not been addressed before settlement did not bind insurer at the reasonableness hearing).
Y-Tex Corp v. Schenker, Inc., C10-1264 RSL, 2011 WL 2292352 (W.D. Wash. June 8, 2011) (order denying third party defendant’s motion to dismiss for improper venue).
Evers v. Purse Seine Vessel Owners Ass’n, C09-791RSM, 2010 WL 276233 (W.D. Wash. Jan. 20, 2010).
Giroux v. Keyport LLC, C09-481RAJ, 2010 WL 3211913 (W.D. Wash. Aug. 12, 2010).
Northwest Bedding Co. v. National Fire Ins. Co. of Hartford, 154 Wn. App. 787, 225 P.3d 484 (2010) (water damage resulting from overwhelmed ditch following snow melt was not a covered peril).
Lawrence Gamble, et al. v. Harvey Williamson, et al., 2009 A.M.C. 2522 (Ak. Sup. Ct. 2009) (personal injury suit arising from passenger vessel grounding).
Certain Underwriter’s at Lloyds, London v. Inlet Fisheries, Inc., 518 F.3d 645 (9th Cir. 2008) (affirming summary judgment granted in favor of Lloyds on the basis that the insured breached its obligation of utmost good faith (uberrimae fidei) and holding that the doctrine of utmost good faith applies in the context of vessel pollution insurance).
Glover v. State of Alaska, 142 Wn. App. 442, 174 P.3d 1246, 2008 AMC 177 (2008) (dismissal of Jones Act case against State of Alaska on constitutional grounds).
Edah v. Trident Seafoods Corp., 282 Fed. Appx. 431, 2008 WL 2521011 (6th Cir. 2008) (per curiam), affirming No. 2:06-cv-554, 2007 WL 781899 (S.D. Ohio March 12, 2007) (enforcing venue selection clause in seaman employment contract).
Edah v. Trident Seafoods Corp., 2007 WL 781899 (S.D. Ohio, March 12, 2007) (enforcing venue selection clause in seaman employment contract).
Markel American Ins. Co. v. Dagmar’s Marina, L.L.C., 139 Wn. App. 469, 161 P.3d 1029 (2007) (negligence and breach of implied warranty of workmanlike performance by insurer of boat injured in wind storm against marina).
Prowler, LLC v. York International Corp., 2007 WL 2363046 (W.D. Wash., Aug. 14, 2007) (judgment in favor of NBF client after trial in case involving negligent installation of refrigeration system).
Certain Underwriter’s at Lloyds, London v. Inlet Fisheries, Inc., 389 F. Supp. 2d 1145 (D. Alaska 2005) (summary judgment granted in favor of Lloyds on the basis that the insured breached its obligation of utmost good faith (uberrimae fidei) and holding that the doctrine of utmost good faith applies in the context of vessel pollution insurance).
Dussault ex rel. Walker-Van Buren v. American Intern. Group, Inc., 123 Wn. App. 863, 99 P.3d 1256 (2004).
Weyerhaeuser Co. v. Aetna Cas. and Sur. Co., 123 Wn.2d 891, 874 P.2d 142 (2004).
Puget Sound Energy, Inc. v. Alba General Ins. Co., 149 Wn.2d 135, 68 P.3d 1061 (2003).
Apex Oil Co., Inc. v. United States, 208 F.Supp.2d 642, 2002 A.M.C. 493 (E.D. La. 2002) (the responsible party was not entitled to reimbursement from the Oil Spill Liability Trust Fund because it failed to demonstrate that an “Act of God” was the sole cause of an oil spill).
Coast to Coast Seafood v. Assurances Generales, 112 Wn. App. 624, 50 P.3d 662 (2002) (cargo insurance coverage litigation arising out of fraud by seller of 24 containers that were to have carried shrimp).
Lewis v. United States, 2002 AMC 2797 (M.D. Fla. 2002) (the Coast Guard’s decisions on the methods and resources to deploy in conducting a search and rescue case are discretionary functions for which the United States has not waived sovereign immunity).
Smith v. United States, 220 F.Supp.2d 275, 2002 AMC 2322 (S.D. N.Y. 2002) (the Coast Guard’s conduct of an inspection of a pontoon vessel and issuance of a Certificate of Inspection are discretionary functions for which the United States has not waived sovereign immunity).
Seaspan International Ltd. Limitation Proceedings, 172 F. Supp. 2d 1314, 2001 AMC 2366 (W.D. Wash. 2001) (complex limitation case involving multiple issues – this decision concerned with fund amount and whether barge was “offending” vessel).
Kimta AS v. Royal Insurance Company, 102 Wn. App. 716, 9 P.3d 239 (2000) (cargo insurance coverage litigation involving “free of capture and seizure” clause and war risks provisions arising out of Russian government seizure and forfeiture of $3 million seafood cargo carried on Russian vessel chartered to Japanese interests).
Moe v. Key Bank, 2000 AMC 2651 (W.D. Wash. 2000) (vessel owner’s attempt to sue lender for damages under Jones Act and general maritime law claiming lender was owner pro hac vice).
Bordeaux Wine Locators Inc. v. Matson Navigation Co., 185 F.3d 865 (9th Cir. 1999) (package limit case limiting carrier’s liability on $700,000 loss to $500).
Wolstein v. Yorkshire Insurance Co., 97 Wn. App. 201, 985 P.2d 400 (1999) (marine builder’s risk coverage litigation arising out of inability of shipyard to complete mega yacht due to bankruptcy).
Kitsap County v. Allstate Ins. Co., 136 Wn.2d 567, 964 P.2d 1173 (1998).
Berg v. Fourth Shipmore Associates, 879 F. Supp. 1061, 1995 AMC 1245 (W.D. Wash. 1995), aff’d 82 F.3d 307, 1996 AMC 1591 (9th Cir. 1996) (rejecting Jones Act seaman’s contention that he was entitled to unearned wages for twelve months).
Estate of Ludahl v. Seaview Boatyard, Inc., 809 F. Supp. 825, 1995 AMC 440 (W.D. Wash. 1994) (Seaman’s wrongful death case in vessel sinking).
Fireman Fund Insurance Co. v. Alaskan Pride Partnership, 1994 AMC 2369 (W.D. Wash. 1994) (hull coverage litigation arising from mysterious sinking of crabbing vessel in Alaska).
Strok v. Northern Jaeger, 1993 AMC 1290 (W.D. Wash. 1992) (dismissal of Jones Act claims for failure to provide expert evidence of causation).