Reported Cases

Since its inception over a half century ago, Eastham, Watson, Dale & Forney, L.L.P. has been involved in numerous cases that have been reported. There are currently more than 200 reported cases where members of Eastham, Watson, Dale & Forney, L.L.P. have been involved as counsel for one of the parties. Generally speaking, cases are only reported when there is a significant legal issue that the Court has resolved with a written opinion. The firm's reported decisions cover all aspects of maritime law, as well as bankruptcy issues, and jurisdictional and procedural matters. The firm's involvement in cases that have been reported ranges from representing the M/V GRANDCAMP interests in the infamous Texas City disaster in 1947 to representing the successful shipowner in the elimination of punitive damages from the law of seamen in a 1996 en banc decision before the Fifth Circuit Court of Appeals. A listing of all of the cases would be excessive, but since 1985 members of the firm of Eastham, Watson, Dale & Forney, L.L.P. have been counsel for one of the parties in the following reported cases:

Francexpa Milltrade International, S.A. v. M/V KIELGRACHT
1997 AMC 2773 (S.D.Tex 1997) (Master's Obligation to reject damage cargo before loading).

Propak Systems, Ltd. v. M/V CECILIA I
1996 AMC 2773 (S.D.Tex. 1996) (Fair Opportunity Standard under COGSA).

Thyssen Steel Company v. M/V KAVO YERAKAS
911 F.Supp. 263 (S.D.Tex. 1996) (Charterer's authority to issue bills of lading).

Guevara v. Maritime Overseas Corporation
59 F.3d 1496 (5th Cir. en banc 1995) (Rejecting punitive damages for failure to pay maintenance and cure).

Silva v. Holman Shipping, Inc.
1995 AMC 904 (S.D.Tex. 1994) (Dismissal for lack of personal jurisdiction).

Oil Transport Co., S.A. v. Hilton Oil Transport
1994 AMC 2817 (S.D.Tex. 1994) (Foreign attachment and prejudgment procedures).

Boswell v. Bludworth Bond Shipyard, Inc.
854 F.Supp. 461 (S.D.Tex. 1994) (Owner's responsibility for navigation while vessel undergoing repairs).

In the Matter of the Application of Deiulemar di Navigazione S.p.A. for Perpetuation of Testimony
1994 AMC 2250 (E.D.La. 1994) (Perpetuation of testimony for foreign arbitration proceedings).

In the Matter of the Complaint of Hornbeck Offshore (1984) Corporation
981 F.2d 752 (5th Cir. 1993) (Stay of proceedings for arbitration).

Conti v. Sanko Steamship Company, Ltd.
912 F.2d 816 (5th Cir. 1990) (Amendment of pleadings prior to trial).

Gulf Consolidated Services, Inc. v. Corinth Pipeworks
S.A., 898 F.2d 1071 (5th Cir. 1990) (Personal jurisdiction over foreign corporation).

Amoco Canada Petroleum Company, Ltd. v. Wild Well Control, Inc.
889 F.2d 585 (5th Cir. 1989) (Extent of coverage under umbrella policy).

In Re Wilson Industries, Inc.
886 F.2d 93 (5th Cir. 1989) (Remand denied to State Court).

Fletcher v. Exxon Shipping Company
727 F.Supp. 1086 (E.D.Tex. 1989) (Transfer to another district for the convenience of the parties).

Buffalo Marine Service, Inc. v. Monteau
761 S.W.2d 416 (Tex.App.--Houston [14th Dist.] 1988) (Act of God defense during Hurricane Alicia).

Morris v. Compagnie Maritime Des Chargeurs Reunis
S.A., 832 F.2d 67 (5th Cir. 1987) (Standard for claim of longshoreman against vessel interests).

Garcia v. M/V SAN FRANCISCO
1988 AMC 2579 (5th Cir. 1987) (Dismissal for forum non conveniens).

Vistar, S.A. v. M/V SEA-LAND EXPRESS
1987 AMC 2881 (S.D.Tex. 1987) (Package limitation under COGSA and deviation).

Woodhouse, Drake & Carey (Coffee) Ltd. v. S.S. ALLISON LYKES
1987 AMC 2155 (S.D.Tex.--1987) (Delivery under COGSA).

Exxon Corporation and Exxon Shipping Company v. Apex R.E. & T., Inc.
1987 AMC 1759 (Tx.App. [14th Dist.] 1987) (Utilization of laches in Harter Act Cargo Claim).

Valero Refining, Inc. v. M/T LAUBERHORN
813 F.2d 60 (5th Cir. 1987) (Extent of Arbitration of Racketeer Influenced and Corrupt Organizations Act (RICO) and fraud claims).

O'Berry v. McDermott, Inc.
712 S.W.2d 206 (Tex.App.--Houston [14th Dist.] 1986) (Standard for service of summons and liability of parent corporation).

Vistar, S.A. v. M/V SEA LAND EXPRESS
1986 AMC 2382 (5th Cir. 1986) (Extent of error in navigation COGSA defense).

McClelland Engineers, Inc. v. Munusamy
784 F.2d 1313 (5th Cir. 1986) (Extent of Dismissal for forum non conveniens).

Kukje American Corporation v. M/V SANKO MAPLE
1986 AMC 2901 (Ct.App.--5th Cir. 1986) (Determination of damages and attorneys' fees).

Falcon Construction Co. v. Bacon Towing Co., Inc.
613 F.Supp. 221 (D.C.Tex. 1985) (Enforceability of insurance clause in barge contract).

Austin v. Servac Shipping Line, Ltd.
610 F.Supp. 229 (ED.Tex. 1985) (Extent of coverage of hull insurance).

Maritime Overseas Corporation v. Waiters
917 S.W.2d 17 (Tex. 1996) (Rejecting punitive damages for failure to pay maintenance and cure).


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