Eleventh Circuit Rules on Contract Rescission March 31, 2011

ODYSSEY MARINE EXPLORATION, INC., et al., v. THE UNIDENTIFIED, SHIPWRECKED VESSEL OR VESSELS, 22 Fla. L. Weekly Fed. C1938a (11th Cir. Mar. 31, 2011):

Admiralty -- Property lost at sea -- Sunken vessel -- Contracts -- Rescission -- Researcher of sunken vessels seeks rescission of written contract in which deep sea exploration and recovery corporation agreed to pay plaintiff cash sum as “payment in full” for his research file concerning location of potentially highly valuable sunken Spanish cargo vessel -- Jurisdiction -- Error to dismiss plaintiff's claim for contract rescission based on lack of subject matter jurisdiction -- Claim is properly cognizable under federal admiralty jurisdiction -- Contracts to provide specific research to assist in locating and recovering a sunken vessel are maritime in nature -- Admiralty jurisdiction is proper where parties are litigating their rights to treasure found on sunken vessel

If you need more details on this case or the full opinion, please reach me at miamipandi@comcast.net or view my profile and send me a message on LinkedIn at http://www.linkedin.com/profile/view?id=34474138&trk=tab_pro.

Comments

ReThink + ReUse Center "It's How We Roll" Fun Raiser -- Bowling Night -- October 16, 2014

As many of my readers may be aware, I am the Chair of the ReThink + ReUse Center, a non-for-profit educational and environmental Center in Miami educating children into rethinking reuseable materials for learning through play. The ReThink and ReUse Center’s Quality Play is Learning Program provides a series of educational and participatory workshops based on the philosophies of Reggio Emilia and Harvard's Project Zero Visible Thinking. The Children’s Trust is the major funder of this program, but the Center is required to continually fundraise for the balance its annual budget. The Center is having a fun event you are invited to--the ReThink + Reuse Center’s “It’s How We Roll” bowling event on October 16, 2014 at Splitsville Luxury Lanes from 18:00 to 21:30 hours. My firm, Comcast and Waste Management are major sponsors for this event, but we could use a few more sponsors. If you are interested in sponsoring the event, please let me know by reaching me at mov@chalos...

Maritime Law--Florida's Arbitration Code Is Now Revised

Those of us that practice maritime law regularly must always be on the lookout for the contract that may contain an arbitration clause. Thus, any laws related to arbitration are important to those of us practicing in this sector. The Florida legislature has revised the Florida Arbitration Code ("FAC") and named it the Revised Florida Arbitration Code (the " Revised Act"). Since 1967, the FAC had gone mostly unchanged. The Revised Act addresses concepts that were not addressed in the old law, such as the ability of arbitrators to issue provision remedies, challenges based on notice, consolidation of separate arbitration proceedings, required conflict disclosures by arbitrators, among other major changes. The Revised Act lays out a detailed framework for international arbitration conducted under Florida law and repeals sections of the FAC. The Revised Act spells out what experienced arbitrators knew the case law to be, but codifies it all in one pl...

Maritime Law--Lozman Case Revisited in Miami?

In Hoefling v. City of Miami , Case no.: 14-12482 (11th Cir. Jan. 25, 2016), the U.S. Court of Appeals for the Eleventh Circuit revived almost all of Hoefling's claims. You ask, "Who is Hoefling?" Hoefling lived on his sailboat Metis O moored off Dinner Key for nearly a decade—until the day he came home and it was gone. About three months earlier, an officer from the Miami Police Department's Marine Patrol Detail tagged Hoefling's vessel for lacking a sanitary device and a working anchor light. He had a deal to use the facilities at the nearby marina but quickly went out and reportedly bought what he needed to comply. Three months later while he was on a business trip, the City of Miami seized and destroyed his boat and all his belongings. As a result, he was homeless. He sued under § 1983, maritime law, and state law. He stated a claim under the Fourth Amendment for seizure and destruction without notice or cause and a “taking.” At the ...

Miami Shipping Law

Search This Blog