Salvage
F. Gregg Bemis v. The R.M.S. LUSITANIA, Civil Action No. 2:94cv226,
U.S. District Court, Eastern District of Virginia, Norfolk Division.
Plaintiff brought an action in rem, using artifacts from the R.M.S. LUSITANIA recovered in 1982 and 1993, seeking to quiet his title to the wreck and to establish himself as salvor in possession of the unrecovered wreck. We represented Fifty Fathom Ventures, Inc., a group of American sport divers who made over 100 successful dives on Trimix during the Summer, 1994, seeking to dismiss for lack of jurisdiction over a wreck in the Irish territorial sea, and alternatively to establish their salvage rights in the wreck. After the first day of trial, the Court denied the divers' leave to file a late claim, but invited them to put on evidence contesting jurisdiction. Following a one day trial and briefing on jurisdiction, the Court retained jurisdiction to adjudicate title and to determine salvage rights. Ultimately, the Court awarded Plaintiff Bemis clear title to the wreck (hull & machinery, not cargo), but denied him continuing salvage rights and injunction.
Marex Titanic, Inc. v. Wrecked and Abandoned Vessel, RMS TITANIC,
805 F.Supp. 375, 1993 A.M.C. 1258, 24 Fed.R.Serv. 3d 1066 (E.D.Va. 1992).
Represented potential salvor in salvage action, including motions for
temporary retraining order and injunction. Working as co-counsel with
David P. Horan of Key West, following a four day trial, Judge Clarke enjoined
our client from conducting robotic salvage, and held that Titanic Ventures,
a limited partnership, retained rights as "first salvor" notwithstanding
passage of five years without actual salvage expedition. On appeal, handled
by another firm, the Fourth Circuit reversed on procedural grounds.
Columbus-America Discovery Group v. Unidentified Wrecked & Abandoned
Sailing Vessel, 742 F.Supp. 1327, 1990 A.M.C. 2409 (E.D.Va. 1990).
Previous proceedings at 1988 A.M.C. 2957 (E.D. Va. 1988) and 1989 A.M.C.
1955 (E.D.Va. 1989), and
Standefer v. Thompson, 939 F.2d 161 (4th Cir. 1991).
In a highly publicized case concerning the ownership of sunken treasure, represented the finders, Columbus America Discovery Group [CADG], against 39 insurance companies. In a critical early action concerning a developing area of the law, appeared before the court to obtain initial order arresting salvaged artifacts and assuming in rem jurisdiction over the gold cargo on vessel that sank September 12, 1857.
Phil acted as assistant trial counsel, petitioning the court for temporary restraining order and preliminary injunction to prevent competing salvor from interfering with salvage operations of CADG's oceanographic vessel operating robots approximately 200 miles off shore in water 2 miles deep. Later enforced the injunction through a civil contempt proceeding against a third potential salvor.
Following eight days of evidence and argument, the Honorable Richard G. Kellam declared CADG the absolute owners of the 130+ year old gold cargo. Decision reported at 1990 A.M.C. 2409, and previous proceedings at 1990 A.M.C.1955.
Phil acted as assistant trial counsel, petitioning the court for temporary restraining order and preliminary injunction to prevent competing salvor from interfering with salvage operations of CADG's oceanographic vessel operating robots approximately 200 miles off shore in water 2 miles deep. Later enforced the injunction through a civil contempt proceeding against a third potential salvor.
Following eight days of evidence and argument, the Honorable Richard G. Kellam declared CADG the absolute owners of the 130+ year old gold cargo. Decision reported at 1990 A.M.C. 2409, and previous proceedings at 1990 A.M.C.1955.