Lawyers fail to recognize a vessel
Several days before Hurricane Katrina came along the coast like the fifth horseman of the apocalypse, still there was a riverboat casino called Bally’s tied up the the dock at the South Harbor marina on Lake Pontchartrain in the east of New Orleans. 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. It seems the rent for tying up at the dock was payable even though the poor old thing might sink. But once you get lawyers involved, claims raise upwards. When they’ve finished, the claim for rent was $20.6m, there were “fees” of $2.6m, and a repair bill of $2.5m - the riverboat knocked into the marina dock and did some damage. 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.
On July 25 the 11th U.S. Circuit Court of Appeals rejected the case. The judges offered the insight that a riverboat is some kind of 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.
Now I dare to ask some your attention. I want to say that everything that flows, is a ship.
