Legal Opinion · Dissent

Thames Shipyard & Repair Co. v. United States

Court of Appeals for the First Circuit

Decided November 26, 2003No. 02-1619, 02-1620Published

1DissentTorruella, Circuit Judge

I agree with the remand of the plaintiffs claim against the Coast Guard for interference with communications between the commercial salvor and NORTHERN VOYAGER. I respectfully disagree, however, with the majority’s reasoning, its holding, and with the scope of the remand.

First, I am decidedly in disagreement with the majority’s recognition of authority by the Coast Guard to forcefully remove the master of a vessel17 from his ship, thus preventing him from continuing efforts to save it. With due respect, there is no authority in law, practice, or maritime tradition that validates such action…

2Cases cited29 opinions

  1. Motor Vehicle Mfrs. Assn. of United States, Inc. v. State Farm Mut. Automobile Ins. Co.Supreme Court of the United States · 1983
  2. Christensen v. Harris CountySupreme Court of the United States · 2000
  3. Berkovitz v. United StatesSupreme Court of the United States · 1988
  4. Dalehite v. United StatesSupreme Court of the United States · 1953
  5. General Electric Co. v. GilbertSupreme Court of the United States · 1976

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