Legal Opinion
UFO Chuting of Hawaii, Inc. v. Smith
Court of Appeals for the Ninth Circuit
Decided November 28, 2007No. 05-16545PublishedCited by 28 opinions
1Opinion of the Court
TALLMAN, Circuit Judge:
UFO Chuting of Hawaii, Inc. and K.M.B.S., Inc. (collectively “UFO”) appeal the district court’s summary judgment in favor of Defendants, the State of Hawaii and the United States as Intervenor (collectively “State”). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. We hold that UFO’s right to operate vessels under its federal maritime coasting licenses does not preempt Hawaii law prohibiting parasailing off the coast of Maui during limited portions of the year to protect mating humpback whales. Because UFO does not qualify as a “prevailing party,” the…
2Cases cited26 opinions
- Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
- Hunt v. Washington State Apple Advertising CommissionSupreme Court of the United States · 1977
- Gibbons v. OgdenSupreme Court of the United States · 1824
- Lewis v. Continental Bank Corp.Supreme Court of the United States · 1990
- Pike v. Bruce Church, Inc.Supreme Court of the United States · 1970
21 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Thomas v. BryantCourt of Appeals for the Eleventh Circuit · 2010
- Green Party of Tennessee v. Tre HargettCourt of Appeals for the Sixth Circuit · 2014
- Center for Biological Diversity v. Marina Point Development Co.Court of Appeals for the Ninth Circuit · 2009
- Diffenderfer v. Gomez-ColonCourt of Appeals for the First Circuit · 2009
- Chinatown Neighborhood Assn v. Kamala HarrisCourt of Appeals for the Ninth Circuit · 2015
23 more not listed; retrieve them via the Exa API.