Friday, August 19, 2011

Tenth Circuit -- The City of Riviera Beach vs That Certain Unnamed Gray, Two-Story Vessel Approximately Fifty-Seven Feet in Length, Fane Lozman

The City of Riviera Beach vs That Certain Unnamed Gray, Two-Story Vessel Approximately Fifty-Seven Feet in Length, Fane Lozman 

Although deft claims the structure is a floating non-seafaring shack, Circuit precedent holds it to be a vessel.  Circuit split flagged.

No error in district court finding of maritime lien for unpaid dockage.

Suspicious timing not enough to avoid summary judgment on 1A retaliation claim.

City issuance of a lease does not judicially estop the bringing of a maritime lien.

Bar of earlier eviction action due to retaliatory nature does not collaterally estop present action.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.