Lawyers fail to recognize a vessel
In the days before the local horseman of the apocalypse named Hurricane Katrina came along the coast, there was a riverboat casino called Bally’s tied up the the dock at the South Shore Harbor marina on Lake Pontchartrain in eastern New Orleans. But once you get lawyers involved, claims rocket upwards. By the time they’d finished, the claim for rent was $20.6m, there were “fees” of $1.6m, and a repair bill of $1.5m - the riverboat knocked into the marina dock and did some damage. The combination of storm surge and wind knocked the old girl around and sent her off to dry dock for repairs. Now here’s the funny thing. While repair were under way, the Orleans Levee District sent in the bailiffs to seize her for non-payment of rent. So the owners sold the riverboat (always sell your assets when sued). It’s renamed the Amanda Belle and up at Bayou Boeuf in St. Mary Parish. But on July U.S. Circuit Court of Appeals rejected the case. The judges offered the insight that a riverboat is a “vessel” (it floats and has a paddle to make it move) but the lease was for buildings. Without a maritime lease, there was no cause of action. Attention all lawyers. If you see anything that floats - it is a ship!