ADMIRALTY & MARITIME GROUP PREVAILS IN THE FIFTH CIRCUIT
The firm’s Admiralty and Maritime group prevailed on a challenge to the Fifth Circuit’s appellate jurisdiction over an interlocutory appeal. In SCF Waxler Marine, L.L.C. v. ARIS T M/V, No. 17-30805 (5th Cir. August 29, 2018), The Fifth Circuit dismissed the appeal based on lack of appellate jurisdiction involving the issue of whether the excess insurers of one of the involved vessels may limit their liability to that of the insured vessel. The court joined the Eleventh Circuit in holding that neither decision was reviewable on appeal under section 1292(a)(3).
Frilot attorneys Patrick J. McShane and T. Patrick O’ Leary represented the excess insurers in this case.