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jurisdiction

Lozman v. City of Riviera Beach (11-626)

in
Oral argument: 
October 1, 2012
Court below: 
United States Court of Appeals for the Eleventh Circuit

The City of Riviera Beach seized Fane Lozman’s houseboat after he did not comply with new city regulations. The Eleventh Circuit Court of Appeals affirmed the district court’s holding that the indefinitely moored houseboat was a “vessel” for purposes of maritime jurisdiction under 1 U.S.C. § 3. Lozman argues that courts should interpret “vessel” purposively and that his houseboat was not a vessel because its purpose was not to transport people or goods. The City of Riviera Beach counters that the definition of “vessel” requires a capability test that asks merely if the structure is capable of transporting people or goods. Additionally, both parties and the U.S. Solicitor General argue the subsequent purchase and destruction of Lozman’s houseboat by the City of Riviera Beach does not render the case moot because of a $25,000 security bond that the City posted. The Supreme Court’s decision in this case may reshape the role of state and federal courts in some maritime matters. The decision could also expand current maritime legislation to apply to structures such as casino boats or floating homes, or remove federal legislative protections for maritime lenders.

Questions Presented: 

Whether a floating structure that is indefinitely moored receives power and other utilities from shore and is not intended to be used in maritime transportation or commerce constitutes a "vessel" under 1 U.S.C. § 3, thus triggering federal maritime jurisdiction.

The res in the putative in rem admiralty proceeding was sold at judicial auction in execution of the District Court’s judgment on a maritime lien and maritime trespass claim, Petn. App. 9a-10a, and subsequently destroyed, Petr. Br. 10-11. Does either the judicial auction or the subsequent destruction of the res render this case moot?

Issue

Does the definition of “vessel” in 1 U.S.C.

Written by: 
Ethan Roman
Dan Youngblut
Edited by: 
Brandon Bodnar
Additional Resources: 

Stern v. Marshall (10-179)

in

Oral argument: Jan. 18, 2011

Appealed from: United States Court of Appeals for the Ninth Circuit (Mar. 19, 2010)

BANKRUPTCY, JURISDICTION, CHAPTER 11, COUNTERCLAIMS

In 1994, J. Howard Marshall II, a very wealthy oil executive, married Vickie Lynn Marshall (“Vickie”), a model and actress who worked under the name Anna Nicole Smith. J. Howard Marshall died shortly thereafter, leaving the bulk of his estate to his son E. Pierce Marshall (“Pierce”). Vickie filed for Chapter 11 bankruptcy protection in 1996, and Pierce brought a defamation claim against her in the bankruptcy court. Vickie made a compulsory counterclaim, alleging that Pierce had tortiously interfered with J. Howard Marshall’s intent to give her part of his estate. The bankruptcy court rendered a judgment in favor of Vickie. Pierce eventually appealed to the Ninth Circuit, which reversed the bankruptcy court’s decision on the grounds that Vickie’s counterclaim was not a “core” proceeding, and therefore was improperly before the bankruptcy court. Vickie’s estate, represented by her executor Howard K. Stern, argues that the Ninth Circuit erroneously applied 28 U.S.C. § 157(b)(2)(C) because the provision categorically establishes compulsory counterclaims as core proceedings. The estate of Pierce Marshall asserts that the counterclaim raised in this case deals with a tort claim that arises under state law, and is therefore not part of the core proceedings. The Supreme Court’s decision in this case will determine whether Congress intended for 28 U.S.C. § 157(b)(2)(C) to categorize all compulsory counterclaims as core proceedings and, if this was Congress’ intent, whether this intent is constitutional.

Quasi in rem

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Quasi in rem: an overview

When hearing quasi in rem actions, a court may only affect a named defendant's interest in a specific named piece of property. These actions have similarlities with both in rem and in personam actions. As is the case with in rem actions, a court may hear a quasi in rem action if the named property is within the court's jurisdiction, even if the court does not have the power to exercise in personam jurisdiction over the defendant.

Ashcroft, Former Att’y Gen. v. Iqbal (07-1015)

in

Oral argument: Dec. 10, 2008

Appealed from: United States Court of Appeals, Second Circuit (June 14, 2007)

PRISONER ABUSE, QUALIFIED IMMUNITY, PLEADING REQUIREMENTS, BIVENS, TWOMBLY, JURISDICTION

In the wake of September 11, 2001, Javaid Iqbal, a Muslim Pakistani living in New York, was arrested on a variety of federal fraud and conspiracy charges and detained in a maximum security facility. He alleges that during that detention he was subjected to a variety of treatments and conditions that violated his constitutional rights. After pleading guilty and being deported to Pakistan, Iqbal filed a civil complaint in federal court, based largely on Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, alleging twenty-one separate constitutional violations against a number of high-ranking federal officials, including former Attorney General John Ashcroft. In the district court, Ashcroft sought a motion to dismiss on the grounds that Iqbal’s claim did not contain sufficient factual allegations to overcome Ashcroft’s qualified immunity defense. The district court denied Ashcroft’s motion, and the circuit court affirmed. The Supreme Court granted certiorari to determine the proper pleading standards when a defendant in a Bivens action is a high-ranking government official.

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