Gibson Robb & Lindh

Following his success before the Ninth Circuit in Nissan Fire and Marine and Hitachi Data Systems v. Bax Global, 2008 U.S.App. LEXIS 12624, Michael Cummins prevailed on both issues remanded to the District Court for further proceedings, i.e. damages and entitlement to attorney’s fees. With respect to attorney’s fees, the District Court rejected Bax’s request for such fees and awarded them to Mr. Cummins’ clients. The District Court also rejected Bax’s attempt to limit its liability to the weight of the damaged item alone and agreed with Mr. Cummins that the weight of the entire shipment must be used to calculate Bax’s liability under the Warsaw Convention.

Michael Cummings

Geoffrey Robb and Joshua Southwick prevailed at trial in an admiralty limitation action filed by the owner of a yacht that caught fire in a marina, damaging numerous boats. The theory presented by the claimants was based upon negligent cause of the fire, which was defeated on summary judgment, and negligent spread of the fire, which was defeated at trial. The court issued an order exonerating Gibson Robb & Lindh's clients, the yacht owners, from any liability with respect to the origin or spread of the fire. Click here to read the Court’s decision.

INBLF

Gibson Robb & Lindh is a member of the International Network of Boutique Law Firms (www.INBLF.com), an organization of the most highly credentialed and preeminent specialty law firms throughout the United States and some of the world's most prominent full-service law firms in foreign nations. INBLF selected Gibson Robb & Lindh for its maritime and transportation specialty.

Jennifer Sanchez

Jennifer Tomlin Sanchez has been named as the co-chair of the Northern California Chapter of the National Association of Subrogation Professionals (NASP). As its name indicates, NASP is a national organization with a mission to enhance the stature and effectiveness of subrogation and recovery professionals through education, training and the exchange of information. Ms. Sanchez has been a speaker at Northern California NASP events and along with Joshua Kirsch contributed an article to NASP’s award winning magazine. Ms. Sanchez will be working with her co-chair and the Northern California Chapter committee to put on a series of events over the next two years to provide educational opportunities and enhance the knowledge and skills of subrogation professionals.

On behalf of the National Association of Subrogation Professionals (NASP), Josh Kirsch authored an amicus curiae brief that the California Supreme Court accepted for filing. The primary issue he addressed is whether the "made whole" doctrine should apply to subrogation of medical reimbursement claims. The case remains pending before the supreme court.

Following a two week trial in federal court, Josh Kirsch obtained a judgment for plaintiffs totaling approximately $936,000, including interest and costs.

Mr. Kirsch represented a Lake Tahoe tour boat operator that owned an 80’ passenger vessel, as well as its subrogated underwriters, in a lawsuit against an inland marina. While transiting a navigational channel that connected the marina to Lake Tahoe, the vessel struck a large, submerged piece of concrete.

Josh

Fortunately, none of the 20-plus passengers or crew were injured, but the vessel took on water and sank, suffering significant damage. The marina claimed it was not negligent for failing to warn of or remove the concrete, which it claimed was open and obvious condition, despite being completely below the surface of the water. The Court rejected that defense and found the marina 100% at fault for the sinking.

Court’s decision