Toward a vessel owner's interpretation of dual capacity

Article Abstract:

The Fifth Circuit Court of Appeals' decision in Castorina v. Lykes Bros. Steamship deals better with the competing interests of dual capacity shipowners and injured longshoremen than does the Second Circuit's decision in Fanetti v. Hellenic Lines. Under Castorina, workers injured on ships where owners perform cargo and shipping functions will be limited to remedies under the Longshoremen's and Harbor Worker's Compensation Act if the injury occurred during cargo functions. Longshoremen can proceed against shipowners in tort only where the injury results from the shipowner's negligence unrelated to cargo procedures.

Employer liability, Case Note, Cargo ships, Stevedores

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The use of mandamus to vacate mass exposure tort class certification orders

Article Abstract:

The writ of mandamus is an effective means of providing trial courts with meaningful guidance on mass tort class action certification issues. Expanded appeal rights under Rule 23 of the Federal Rules of Civil Procedure would address the risks that certification may pose to substantive and procedural rights, but such reforms have not been enacted. Traditional forms of appellate review, such as appeals of right, are not available for certification orders. In re Fibreboard Corp. and other cases demonstrate that mandamus can be an effective means of promoting appellate review of trial court procedural innovations.

United States, Class actions (Civil procedure), Class action lawsuits, Mandamus

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Modification of a Chapter 11 plan in the mass tort context

Article Abstract:

Tortfeasors faced with mass tort liability often resort to Chapter 11 bankruptcy reorganization, under which a personal injury trust is established. If the trust is underfunded, modification of the reorganization plan may be necessary, as occurred in the reorganization of Manville Corp. Although the Bankruptcy Code limits the use of modification, lack of funds to compensate personal injury victims warrants modification in the mass tort context.

Bankruptcy reorganizations, Bankruptcy reorganization

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