46 U.S.C. § 10908
Penalty for sending unseaworthy vessel to sea
A person that knowingly sends or attempts to send, or that is a party to sending or attempting to send, a vessel of the United States to sea, in an unseaworthy state that is likely to endanger the life of an individual, shall be fined not more than $1,000, imprisoned for not more than 5 years, or both.
Notes of Decisions
Cited in 11
cases (1 in the last 5 years), 1995–2021 · leading case: McBride Ex Rel. I.M.S. v. Estis Well Serv., L.L.C., 768 F.3d 382 (5th Cir. 2014).
McBride Ex Rel. I.M.S. v. Estis Well Serv., L.L.C., 768 F.3d 382 (5th Cir. 2014). “See 46 U.S.C. § 10908 (“A person that knowingly sends or attempts to send, or that is a party to sending or attempting to send, a vessel of the United States to sea, in an unseaworthy state that is likely to endanger the life of an individual, shall be fined not more than…”
Dutra Grp. v. Batterton, 139 S. Ct. 2275 (2019). “, 46 U.S.C. § 10908 . Allowing punitive damages on unseaworthiness claims would also create bizarre disparities in the law.”
United States v. Pedro Rivera, 131 F.3d 222 (1st Cir. 1997). “Appellant Pedro Rivera appeals his conviction under 46 U.S.C. § 10908 for knowingly sending a vessel to sea in an unseaworthy condition likely to endanger the life of an individual.”
Water Quality Ins. Syndicate v. United States, 522 F. Supp. 2d 220 (D.D.C. 2007). “On September 26, 1996, New England Marine Services, Bunker Group Incorporated, Bunker Group of Puerto Rico, and Pedro Rivera, a shoreside manager for Bunker Group of Puerto Rico, were convicted of violating 46 U.S.C. § 10908 for knowingly sending the EMILY S to sea in an…”
Borden v. Amoco Coastwise Trading Co., 985 F. Supp. 692 (S.D. Tex. 1997). “At the time of the second delay, Plaintiffs cargo included 52,000,000 pounds of paraxylene. In addition to fears about his crew’s safety and his pollution concerns, Plaintiff further asserts that had he sailed the tug in its condition at the time of the impending storms, he…”
United States v. Rivera, 912 F. Supp. 634 (D.P.R. 1996). “Count I depicts a violation to 46 U.S.C. § 10908 . (Docket No. 1) At government’s request, on April 6, 1995, the Court issued an order determining that the corporate defendants were constituent parts of an integrated group of more than fifty corporate entities controlled by…”
Seymore v. Lake Tahoe Cruises, Inc., 888 F. Supp. 1029 (E.D. Cal. 1995). “Indeed, the public policy at issue here is so strong that 46 U.S.C. § 10908 makes it a felony to send or attempt to send to sea a vessel in an unseaworthy state that is likely to endanger the life of an individual.”
United States v. Jensen, 93 F.3d 667 (9th Cir. 1996). “Jensen and Frederick Carl Peterson were jointly charged with two counts of sending the Arctic Enterprise, a fish processing ship, 1 to sea in an unseaworthy condi *669 tion, 46 U.S.C. § 10908 . Jay Clifford was separately charged with one count of violating the same provision…”
Absolute Nevada, LLC v. Grand Majestic Riverboat Co. LLC (S.D.N.Y. 2021). “How can anyone fault me for doing my duty, protecting public safety and reporting the unseaworthy unsafe conditions to the US Coast Guard and the other concerned government entities and the US Navy through their agent for the ship, Lockheed Martin, per 46 U.S.C. § 10908 (Penalty…”
United States v. Rivera, 942 F. Supp. 732 (D.P.R. 1996). “Count one of the indictment charged him with knowingly sending the Emily S to sea in an unworthy state that was likely to endanger the lives of the crew members or the lives of other individuals, in violation of 46 U.S.C. § 10908 . Count three charged him with willingly and…”
Haleigh McBride v. Estis Well Serv. L. L. (5th Cir. 2014). “See 46 U.S.C. § 10908 (“A person that knowingly sends or attempts to send, or that is a party to sending or attempting to send, a vessel of the United States to sea, in an unseaworthy state that is likely to endanger the life of an individual, shall be fined not more than…”
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