Crowley Marine Services, Inc. v. Maritrans, Inc.

Crowley Marine Services, Inc. (“Crowley”) appeals the district court’s reallocation of fault in Crowley’s action against Maritrans, Inc., Maritrans Transportation Inc., Maritrans Operating Company, and Maritrans General Partner Inc. (“Mari-trans”) arising out of the collision of Crowley’s tug boat, the Sea King, with Mari-trans’ oil tanker, the Allegiance. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I

Another panel of our court previously heard an appeal in this ease, and we present the facts as detailed in our prior opinion here:

Crowley Marine Servs. Inc. v. Maritrans Inc., 447 F.3d 719, 722-23 (9th Cir.2006) [hereinafter Crowley I] (footnote added).

In Crowley I, we reversed the district court’s fault determination and remanded, concluding that, pursuant to Rule 13(a), the Allegiance, as the overtaking vessel, had a duty to keep out of the way of the Sea King and that, pursuant to Rule 8(e), Captain Semler should have reduced the speed of .the Allegiance to avoid collision with the Sea King. Id. at 724 . We also concluded that the fact that the Allegiance and the Sea King were operating in concert and pursuant' to agreed maneuvers did not constitute a…