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MAREX Captain Mitchell S. Stoller
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Case Experience

Captain Stoller has been retained on maritime matters since 1992, on ocean-going ships, towing vessels, passenger vessels, and recreational craft. The examples below are drawn from public court records. Confidential matters are not described.

Matter types

Vessel
Towboat
Issue
Deckhand injury handling a lock line
Role
Testifying expert for plaintiff

W.D. Ky.

Vessel
San Francisco Bay ferry
Issue
Lookout and bridge practice
Role
Testifying expert for plaintiffs

N.D. Cal.

Vessel
Ocean-going ship
Issue
Crew training
Role
Maritime expert

E.D.N.Y.

Notable cases

Exxon Shipping Co. v. Baker

554 U.S. 471 (2008), U.S. Supreme Court

Chief amicus on the brief of former shipmasters and expert mariners.

Amicus brief

Stewart v. Dutra Construction Co.

543 U.S. 481 (2005), U.S. Supreme Court

The Supreme Court decision that defines what counts as a "vessel" under maritime law.

Opinion

Cabezas v. United States

N.D. Cal. 2007

A published decision now taught in law schools.

Clausen v. Icicle Seafoods, Inc.

174 Wn.2d 70 (Wash. 2012)

Maintenance and cure. The court upheld $1.3 million in punitive damages for willful failure to pay.

Opinion

Matheny v. Tennessee Valley Authority

557 F.3d 311 (6th Cir. 2009)

Rules of the road and wake. A tug passing at excessive speed capsized a fishing boat.

Opinion

Sunset Limited, Big Bayou Canot

Mobile, Alabama, 1993

Expert witness. A towboat pushing barges in fog struck a railroad bridge, and the Amtrak train that followed derailed, killing 47 people.

NTSB report

Dali and the Francis Scott Key Bridge

Baltimore, 2024

Consulting expert to the City of Baltimore in the limitation action after the bridge collapse.

NTSB report

Selected published decisions

  • Cabezas v. United States (N.D. Cal. 2007)
  • Kyles v. Eastern Car Liners (Ga. Ct. App. 2004)
  • Harrington v. Atlantic Sounding Co. (E.D.N.Y. 2013)
  • Wuestewald v. Foss Maritime Co. (N.D. Cal. 2004)
  • Soliman v. Maersk Line (E.D.N.Y. 2017)
  • Holzhauer v. Golden Gate Bridge District (N.D. Cal. 2017)
“Plaintiff's maritime expert, Mitchell Stoller, who, among his extraordinary credentials was twice appointed by the Secretary of Homeland Security to the Towing Safety Advisory Council … whose testimony I credit …”

Judge Nina Gershon, Harrington v. Atlantic Sounding Co. / Weeks Marine, Inc. (E.D.N.Y.)

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