Legal Opinion
Olney M. Wardell v. Department of Transportation, National Transportation Safety Board
Court of Appeals for the Ninth Circuit
Decided September 6, 1989No. 88-7531PublishedCited by 19 opinions
1Opinion of the Court
TROTT, Circuit Judge:
Captain Wardell seeks review of an Opinion and Order of the National Transportation Safety Board (NTSB) suspending his merchant mariner’s license. While we note that there were significant procedural defects in the Coast Guard’s administrative hearing, we uphold the NTSB’s decision because Captain Warded failed to introduce any evidence that could rebut the presumption of negligence operating against him.
BACKGROUND
Captain Warded was the pilot aboard the S.S. GREATLAND on March 17, 1985, and he was conning the vessel at the time of an allision 1 with the Port of Anchorage…
2Cases cited14 opinions
- Richardson v. PeralesSupreme Court of the United States · 1971
- The OregonSupreme Court of the United States · 1895
- The LouisianaSupreme Court of the United States · 1866
- Bunge Corp. v. M/V Furness BridgeCourt of Appeals for the Fifth Circuit · 1977
- S. C. Loveland, Inc. v. East West Towing, Inc.Court of Appeals for the Fifth Circuit · 1979
9 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Zerega Avenue Realty Corp. v. Hornbeck Offshore Transportation, LLCCourt of Appeals for the Second Circuit · 2009
- Folkstone Maritime, Ltd. v. CSX Corp.Court of Appeals for the Seventh Circuit · 1995
- City of Chicago v. M/v Morgan, Kindra Lake Towing, L.P., and Kindra Lake Towing, Inc.Court of Appeals for the Seventh Circuit · 2004
- McDonald v. DEPT. OF PRO. REGULATIONDistrict Court of Appeal of Florida · 1991
- In the Matter Of: The American-Milling Company, Limited in the Matter Of: H & B Marine, Inc. In the Matter Of: American Milling, Lp, a Limited Partnership, for Exoneration From or Limitation of Liability.Court of Appeals for the Eighth Circuit · 2005
14 more not listed; retrieve them via the Exa API.