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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.  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


Jennifer Tomlin Sanchez and Marisa H. Huber co-wrote “Legal Implication of An Oil Spill”, an article that was published in the Bar Association of San Francisco’s February 2008 Bulletin. The article addresses how state and federal legislation is often revised following a significant oil spill.

stan gibsn

Stan Gibson has once again been named as a Nothern California "Super Lawyer" in the field of Transportation/Maritime law for 2008. 

The honor is awarded to those lawyers who are among the top five percent of Northern California attorneys based on input by their peers and review by a Blue Ribbon panel.

Ms. Sanchez was quoted in the Wall Street Journal’s February 27, 2008, article by WSJ reporter Jess Bravin reporting on the US Supreme Court oral arguments in the Exxon Valdez case. The case concerns the $2.5 billion punitive damage award, which Exxon is appealing. At issue is the limit of punitive damages under maritime law.

Jennifer sanchez

Ms. Sanchez offered some background for vessel owner liability:

Traditionally, ship owners couldn't be punished for the acts of their crews at sea, says Jennifer Sanchez, a maritime attorney with the San Francisco firm Gibson Robb & Lindh.

The ships were "oceans away from the vessel owners," who could exercise no oversight of their captains, she said. Shippers "wouldn't have participated in those ventures if they would have no control" over the captain's actions, while bearing liability for their accidents or misdeeds, she said.

The Supreme Court endorsed that position in 1818, when it ruled that the owner of the schooner Amiable Nancy couldn't recover against the owners of a privateer that hijacked her, a ship appropriately named Scourge.

On April 11, 2008, Jennifer Sanchez participated in panel discussion regarding evidence handling at the National Association of Subrogation Professionals’ Northern California Chapter meeting. Ms. Sanchez’ discussion on the panel focused on the National Fire Protection Association guidelines for fire investigation, NFPA 921.


Following the November 7, 2007, spill of 58,000 gallons of bunker fuel by the vessel COSCO BUSAN, partners Stan Gibson and Geoff Robb were contacted by the media as maritime law experts. Stan Gibson was interviewed by Channel 7 news. Read a copy of their report.

"Who cuts the check?"

On Nov 7, 2007, Geoffrey Robb was interviewed by Brian Edwards - Teager on the question of financial responsiblity for the massive S.F. Bay oil spill.

Listen to an excerpt from the
KPFA Evening News archives.

 

Geoff Robb maritime expert
 
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