Kimbley A. Kearney

News, Events & Publications

Events

Apr 30, 2008
Kearney and Kaminski At Maritime Seminar

Oct 25, 2007
Kimbley Kearney Presented On Recent Developments In Maritime Law

Oct 04, 2006
Partner Kim Kearney Presented Maritime Law Seminar in San Francisco

News

Oct 01, 2008
Appellate Group Obtains Favorable Defense Opinion on "Natural Accumulation" Rule

May 02, 2008
Kim Kearney Elected To Maritime Law Association Of The United States Board Of Directors

Articles

Jul 28, 2008
The Supreme Court Establishes A New Standard For The Computation Of Punitive Damages Under Maritime Law: The Ratio Of Punitive to Compensatory Damages May Not Exceed 1:1

Jul 28, 2008
Ninth Circuit Reiterates The Applicability Of Uberrimae Fidei To Marine Insurance And Mandates Utmost Good Faith In The Context Of Vessels Pollution Insurance, Absent Clear Policy Language Unequivocally Superseding The Good Faith Obligation

May 14, 2008
Fifth Circuit Reiterates Well-Established Rule That Ship Owner Has Burden Of Proving Validity Of A Seaman's Release

Oct 29, 2007
Fourth Circuit Holds Ocean Carrier's Post-Settlement Status As Cargo Owner Does Not Affect Its Ability To Seek Indemnity Under Stevedoring Agreement

Oct 26, 2006
Seventh Circuit Proposes Better Test For Admiralty Jurisdiction But Applies Extension Of Admiralty Jurisdiction Act

Oct 26, 2006
Fifth Circuit Refuses To Recognize Exception To Economic Damage Rule

Aug 07, 2006
Illinois Appellate Court Holds That a Cruise Ship Can Be Vicariously Liable for the Negligence of its On-Board Physician in Treating Passengers

Aug 07, 2006
U.S. Maritime Law Applies to Product Liability and Punitive Damage Claims, But State Law Determines Measure of Punitive Damages

Feb 01, 2006
Jones Act Not a Bar to Employer's Suit Against Seaman for Property Damage

Feb 01, 2006
Rejecting Well-Established Maritime Law Precedent, Illinois Supreme Court Holds That Defendant May Demand Jury Trial in Jones Act Case

Dec 01, 2005
Maintenance And Cure Denied Where Plaintiff Willfully Concealed Pre-Existing Back Trouble

Dec 01, 2005
Second Circuit Recognizes Admirality Jurisdiction Over Insurance Policies Which Are Primarily "Maritime" In Nature

Apr 01, 2005
Supreme Court Holds That the ADA is Applicable to Foreign Vessels

Apr 01, 2005
Florida Courts Confirm - There is No Loss of Consortium Claim Arising Out of Personal Injury to Non-Seamen on the High Seas

Jan 01, 2005
Supreme Court Adopts Expansive Definition of "Vessel" for Purposes of Jones Act

Mar 01, 2004
Admiralty Law May Not Preempt State Law Claims For Punitive Damages Or Attorney’s Fees

Mar 01, 2004
In An Admiralty Action, The Court May Strike The Plaintiff’s Jury Demand At Any Time

Dec 01, 2003
Second Circuit Underscores Last Resort Character of Manifest Disregard Doctrine by Refusing to Vacate Admittedly Confusing Arbitration Award

Sep 01, 2003
Second Circuit Court of Appeals Underscores Last Resort Character of Manifest Disregard Doctrine by Refusing to Vacate Admittedly Confusing Arbitration Award

Sep 01, 2003
Northern District of Illinois Rules that Raising Limitation of Liability as an Affirmative Defense in State Court is Insufficient to Confer Jurisdiction on a Federal Court

Sep 01, 2003
Eleventh Circuit Holds That A Non-Dependent Parent Of A Non-Seaman May Not Recover Non-Pecuniary Damages In A Suit Brought Under The General Maritime Law

Apr 01, 2003
Forum Selection Clause in Vessel Owner's Bill of Lading Issued to Non-Vessel Operating Common Carrier Enforceable Against Shipper

Apr 01, 2003
Eleventh Circuit Holds That an Inland Carrier is Not a Third-Party Beneficiary of a Himalaya Clause in a Multi-Modal Bill of Lading

Dec 01, 2002
US Supreme Court Rules That Federal Boat Safety Act Does Not Protect Marine Manufactureres From Being Sued In State Court

Dec 01, 2002
Second Circuit Holds As A Matter of First Impression That Electronic Funds Transfers May Be Subjected to Maritime Attachment

Sep 01, 2002
Shippers Held Strictly Liable Under COGSA for Damage From Inherently Dangerous Goods Not Known to Be So

Sep 01, 2002
Coast Guard Regulations Requiring Emergency Evacuation Plan Do Not Make Rig Owner Liable For Not Executing the Plan

Apr 01, 2002
Courts of Appeal Split Over Whether Attorney's Fees Recoverable in Marine Insurance Contract Disputes

Apr 01, 2002
U.S. Supreme Court to Consider Illinois Supreme Court's Ruling That Federal Boat Safety Act Preempts State Law

Feb 01, 2002
Second District Holds That Docked Riverboat Casino Is Not a Vessel Under the Jones Act

Feb 01, 2002
Supreme Court Holds That OSHA Can Regulate Working Conditions on Uninspected Vessels

Jan 04, 2002
What To Do If Your Insured Fears Liability for Mold Contamination

Firm Publications

CM Report 2002 Winter
CM Report Special Report on Mold (2002)

Industry Publications

Apr 01, 2004
Seventh Circuit Decides Landmark Case: Indefinitely Moored Riverboat Casinos Are Not "Vessels" Within the Meaning of The Jones Act

Sep 06, 2002
The Unresolved Conflict Between Traditional Principles of Reinsurance and Enforcement of the Terms of the Contractual Undertaking

Archived Publications

  • Co-author of The Unresolved Conflict between Traditional Principles of Reinsurance and the Enforcement of the Terms of the Contractual Undertaking, American Bar Association Tort Trial and Insurance Practice Journal