Tuesday, March 11, 2008

Trans-Tech Asia v. M/V Harmony Container (9th Cir. - March 11, 2008)

Choice of law?! Maritime liens?! Application of the Bunker Confirmation pursuant to Malaysian contract principles?! How exciting!!

What's that? You say that Judge McKeown has written an opinion that spans over 25 single-spaced pages on these fascinating principles? Let me at it!

Oh, how I wish I had time to reread that opinion. Because not only do I not want those 15 minutes of my life back, but I'd be absolutely thrilled to devote another hour or so to the task.

That said, my hat's off to Judge McKeown, her law clerk, and the district court (Judge Steven Wilson and his clerks) for putting up with this one. I only had to spend 15 minutes on the matter. By contrast, I'm sure they had to devote weeks to it. A soporific, thrilling set of weeks.

P.S. - What undergraduate and legal training apparently prepares you for a life of litigating Malaysian maritime law, you might ask? Just ask California attorney Bradley Rose, one of the lawyers for the appellee. Who got both his undergraduate and legal degrees from the most obvious place if that's your future life. That's right. The University of Oklahoma. As they say daily in Kuala Lumpur: Go Sooners!

POSTSCRIPT - Proving once and for all that true loyalty lasts more than 12 full months, a former clerk for Judge Wilson e-mailed me to note (correctly) that his first name is actually spelled "Stephen". And cogently added that my praise for all of the hard work on the opinion that this chambers did below will undoubtedly be highly appreciated in the context of a decision reversed with a comment about the statute's "plain meaning". Touche!