In re Harbor Breeze Corporation
N/AOUTCOME: Win for client at regulatory hearing, license granted.
Proceeding before CPUC re licensing of a vessel common carrier.
Neil S Lerner's Legal Cases (17)
Los Angeles, CA
Admiralty and maritime Lawyer at Los Angeles, CA
Practice Areas: Admiralty & Maritime, Transportation ... +3 more
In re application of Sea Planes Inc. (CPUC)
N/AOUTCOME: All four licenses applied for were obtained.
Regulatory proceedings before the CPUC to determine whether client would become licensed to carry passengers for hire.
Perez v. West Basin Container Terminals, et all.
N/AOUTCOME: Win for client on summary judgment.
Marine terminal accident, products liability and premises liability.
Brandwein v. Oversea Insurance
N/AOUTCOME: Win for client at trial.
Negligent hiring of salvor and marine insurance broker negligence.
Budway Enterprises v. Federal Insurance
N/AOUTCOME: Settled favorably after ruling on motion at 2009 WL 1014899
Multiple thefts and insurance claim.
Pacific Adventure Cruises v. Sea Planes Inc.
N/AOUTCOME: Win for client at trial.
Unfair competition lawsuit brought by competitor in ferry business.
New Hampshire Insurance v. C'est Moi
N/AOUTCOME: Win for client on summary judgment, win for client on appeal.
Marine insurance rescission case. 519 F.3d 937.
Meridian Textiles v. Indemnity Insurance Company of North America
N/AOUTCOME: Settled after court decided legal issue in client's favor.
Marine cargo insurance case. 2008 AMC 1411.
Markel American Insurance v. Fitt
N/AOUTCOME: Win for client at trial.
Marine insurance case for rescission, voiding and declaratory relief. 528 F. Supp. 2d 1010.
People v. Pac Anchor Transportation, Inc.
N/AOUTCOME: Trial judgment for Defendant, reversed by Court of Appeals and now pending before the CA Supreme Court.
The Court held that the State's cause of aciton for unfair competition under Sections 17200 et seq. of the California Business and Professions Code ("UCL") was preempted by Section 14501(c)(1) of the F ... ederal Aviation Administration Authorization Act, 49 U.S.C. 14501(c)(1). The Court found that the State's UCL claim against the Defendant motor carrier was related to the Defendant motor carrier's prices, routes, and services, that it frustrated Congress' intent to deregulate the trucking industry, and that it threatened to erect an entry control to the participation of independent contractor drivers in the industry. Therefore, the Court found the State's UCL claim preempted. In addition, the Court found that under the precedent set by Fitz-Gerald v. Skywest, Inc., 65 Cal. Rptr. 3d 913 (2007), actions under the UCL are preempted per se. Therefore, the Court granted Defendant's motion for judgment on the pleadings. The State's appeal is pending.
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