Brian P. R. Eisenhower

Partner
Office - NY: New York
beisenhower@hillrivkins.com
45 Broadway, Suite 2110
New York, New York  10006
212-669-0600 office phone
212-669-0617 direct dial
212-669-0698 fax

Office - NJ: Manalapan
beisenhower@hillrivkins.com
The Bentley Building
98 Craig Road
Manalapan, NJ  07726
732-838-0300 office phone
212-669-0617 direct dial
732-316-2365 fax



Focus of Practice:
Admiralty & Maritime Law
Inland Transportation & Third Party Logistics
Large Loss Subrogation
Products Liability
Insurance Defense
Insurance Coverage
Commercial Litigation
Arbitrations
Trials and Appeals

Educational Background:
Roger Williams University School of Law
Juris Doctor, magna cum laude, 2009
 
Webb Institute
Dual B.S., Naval Architecture and Marine Engineering, 2006

Admitted to Practice:
New York (2010)
New Jersey (2011)
United States District Court for the Southern District of New York
United States Bankruptcy Court for the Southern District of New York
United States District Court for the Eastern District of New York
United States District Court for the Northern District of New York
United States District Court for the District of New Jersey
United States Court of Appeals for the Second Circuit
United States Court of Appeals for the Third Circuit
United States Court of Appeals for the Ninth Circuit

Professional Affiliations:
Maritime Law Association of the United States
          Proctor Member
          Board of Directors, 2019-2023
          Carriage of Goods Committee
               Vice Chair, 2021-present; Secretary, 2018-21
          Continuing Legal Education Committee
               Chair, 2017-21; Vice Chair, 2016-17; Secretary, 2013-16
          Long Range Planning Committee
Comité Maritime International
          Maritime Autonomous Surface Ships (MASS) International Working Group
Society of Naval Architects and Marine Engineers
          Audit Committee
          Pension Committee
Admiralty Committee of the New York City Bar Association, 2012-15

Publications:
Brian P. R. Eisenhower, Manford B. Susman, and Amanda J. Argentieri, Judge John R. Brown Admiralty Moot Court Competition Bench Memo and Winning Briefs 2009: Brief for Petitioner, 21 U.S.F. Mar. L.J. 199 (2009)

Speaker:
 
Multijurisdictional Practice of Law, Maritime Law Association Spring Meeting CLE Program (New York, May 4, 2018).
 
Unmanned Ships: Legal Issues, Marine Insurance Day seminar (New York, Oct. 6, 2017).


Selections:

New York Metro Super Lawyers® 2021-23; Rising Stars 2015-20

The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology can be found here.          


Representations Include:

 

Nautical Assist, Inc. d/b/a Sea Tow Great South Bay v. Patchogue Shores Marina, Inc., et al., No. 17-cv-5435 (ENV) (ARL) (E.D.N.Y. Jan. 18, 2023) - Obtained summary judgment, in favor of owner of recreational boat damaged in marina fire, on plaintiff's claims for alleged environmental cleanup services, based on prior release.

 

Galilea, LLC v. Pantaenius America Ltd., 2021 U.S. Dist. LEXIS 102869 (D. Mont. June 1, 2021) - Obtained summary judgment on claims filed by limited liability company and one of its members against underwriters of marine insurance policy and their agent, based on principles of claim preclusion and issue preclusion, following successful arbitration concerning declination of coverage for the grounding of the yacht GALILEA.

 

Galilea, LLC v. AGCS Marine Ins. Co., Liberty Mut. Ins. Co., and Torus Nat. Ins. Co., 879 F. 3d 1052 (9th Cir. Jan. 16, 2018) – Successful interlocutory appeal in which the Ninth Circuit ruled that arbitration clause in relevant policy of marine insurance was enforceable, and not rendered unenforceable by Montana law which was inapplicable under both federal maritime law choice-of-law principles and the policy itself.  The Court further held that the agreement of sophisticated parties to arbitrate according to AAA rules shows a clear and unmistakable intent to resolve arbitrability questions in arbitration. 

 

CHMM, LLC v. Freeman Marine Equip., Inc., ­­791 F.3d 1059 (9th Cir. June 29, 2015) - Successful appeal in which the Ninth Circuit determined that yacht's interior outfit, which was purchased from and installed by owner's contractors, is not part of the relevant product purchased from the shipbuilder but rather is "other property" for which damages may be recovered under maritime products liability law.
 
Maritima de Ecologia, S.A. de C.V. v. Sealion Shipping Ltd., No. 10 CIV 8134 (S.D.N.Y. June 22, 2015) - Obtained quantum meruit award following bench trial of claims relating to services provided in connection with Deepwater Horizon oil spill. 
 
In re LPG/C DESERT ORCHID, 2015 WL 1958925 (S.M.A. No. 4253, April 10, 2015) - Successful New York arbitration of complex matter involving contamination to a liquefied gas cargo of polymer grade propylene.  On behalf of Charterer, obtained final award of all recoverable damages resulting from contamination of cargo, together with attorney's fees, costs, and reimbursement of arbitrators' fees.  Further, the award denied Owner's claim for demurrage and detention.
 
Mediterranean Shipping Co. v. Ningbo Toptrade Imp. Exp. Co., No. 06 CIV 3391, 2015 WL 1137557 (S.D.N.Y. Mar. 12, 2015) - After successful appeal and extensive briefing of various issues, obtained release of electronic funds transfers attached pursuant to Supplemental Rule B.
 
Donna Karan Co. LLC v. Airgroup, No. CIV.A 12-2149 SRC, 2013 WL 5730428 (D.N.J. Oct. 22, 2013) - Summary judgment in favor of shipper including ruling that purported limitation of liability was unenforceable under the Carmack Amendment.