Otis Felder (Partner-Los Angeles, CA), representing a nonprofit association of marina owners and operators as Amicus Curiae before the Ninth Circuit Court of Appeals, assisted in obtaining a ruling overturning a prohibition against vessel owners' use of liability waivers in Hawai'i. The case arose from the plaintiff's wife's presumed death during a scuba and snorkeling tour off the coast of Maui, Hawai'i. Before the tour, the plaintiff and his wife signed a waiver releasing the vessel owner and operator from liability during the excursion. The federal district court in Honolulu struck the waiver as a defense by the vessel owners as to claims based on negligence as being void under section 30527(a) of Title 46, which prohibits certain liability waivers by owners regarding "vessel[s] transporting passengers between ports in the United States, or between a port in the United States and a port in a foreign country." In a 49-page opinion, the Ninth Circuit overruled the district court in deciding that vessel owners may use liability waivers, including in matters arising from a wrongful death admiralty action in Hawai'i. After finding it had appellate jurisdiction because the district court's order determined the rights and liabilities of parties in an admiralty proceeding, the Ninth Circuit held that the plain meaning of section 30527(a) does not apply to liability waivers as to vessels that transport passengers away from and back to a single port without stopping at any other port. The decision is highly significant to members of our client's association in permitting liability waivers, cruise lines and other marine operators around the country where their vessel leaves and returns to the same port.