Chester D. Hooper is Of Counsel in our
Boston office and Christopher R. Nolan is a Partner in our
New York office.
Lenders, Dockside Casino Boats, Oil Rig Owners and Marinas
Beware Post-Lozman January 18, 2013
In Lozman v. City of Riviera Beach, Florida, No. 11-626
(January 15, 2013), the U.S. Supreme Court "reformulated"
the definition of "vessel." It explained that an
objective test, which looks to the physical characteristics of a
watercraft rather than the subjective intent of the
watercraft's owner, determines whether a watercraft is a
"vessel." In doing so, the Court looked through the eyes
of a "reasonable observer" to the physical
characteristics. In essence, the majority looked through their own
eyes as reasonable observers rather than remanding the case for
further fact-finding as urged by the dissent. If the matter had
been remanded, the district court could have had the benefit of
experts to determine whether the watercraft met the objective
