Marilyn Raia

Shareholder, San Francisco Office

Direct Dial: 415.352.2721
Fax: 415.352.2701
marilyn.raia@bullivant.com



Practice Areas

Industries

Bar Admissions

  • California, 1976

Court Admissions

  • U.S. Court of Appeals, Ninth Circuit
  • U.S. District Court, Central District of California
  • U.S. District Court, Eastern District of California
  • U.S. District Court, Northern District of California
  • U.S. District Court, Southern District of California

Peer Recognition

Education

  • University of California, Hastings College of the Law - J.D., 1976
  • University of California, Riverside - B.A., Linguistics, summa cum laude, 1973, Phi Beta Kappa

Practice Experience

Marilyn is a Certified Specialist in Admiralty & Maritime Law, as recognized by The State Bar of California Board of Legal Specialization. She has counseled and represented clients in maritime, transportation, insurance, subrogation, and commercial matters for more than 40 years. Her maritime and transportation law practice includes diverse areas such as cargo loss and damage; collision and allision; tug and tow; seaman's personal injury; longshore and passenger personal injury; maritime liens; chartering; marina operator's liability; salvage and general average. She represents vessel owners, freight forwarders, non-vessel operating common carriers, warehousemen, and transportation brokers. She regularly advises clients on cargo, hull, protection and indemnity (P&I), marina operator's liability, marine general liability, charterer's legal liability, inland marine, and property insurance matters and represents them in coverage litigation including extra-contractual claims.

Marilyn represents cargo and property insurers in subrogation cases, including claims arising out of fire, and defends clients against subrogation claims. She litigates commercial matters and assists clients with non-litigated matters such as review and analysis of bills of lading, service agreements, distribution agreements, and logistics contracts.

Marilyn's litigation experience includes court and jury trials in state and federal courts, federal, state and SMA arbitrations, mediations, extensive motion practice, and appeals in the California Court of Appeal and U.S. Ninth Circuit Court of Appeals. Marilyn has also served as an expert witness in cargo and marine insurance matters and has provided expert opinions in three separate cases.

Marilyn was appointed as an arbitrator and early neutral evaluator in admiralty and insurance cases by the United States District Court for the Northern District of California.

In addition to practicing law, Marilyn is a columnist for Pacific Maritime Magazine and regularly speaks at marine and insurance industry events. She appears as a maritime law expert on San Francisco Bay Area radio and TV stations.

Professional and Civic Involvement

  • Association of Marine Underwriters of San Francisco (Member)
  • Italian American Bar Association of Northern California (Member)
  • Maritime Law Association of the United States (Proctor Member)
  • University of San Francisco School of Law (Adjunct Professor, Carriage of Goods/Carriage of Passengers by Sea, 2004)

Awards and Honors

  • AV® Preeminent™, Peer Review Rated by Martindale-Hubbell
  • Selected for inclusion in Northern California Super Lawyers (2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010, 2009, 2008 — Transportation/Maritime)
  • Selected for inclusion in The Best Lawyers in America© (2018, 2017, 2016, 2015, 2014, 2013, 2012, 2011, 2010, 2009, 2008, 2007 — Admiralty & Maritime Law)
  • Selected for inclusion in The Best Lawyers in the San Francisco Bay Area by the San Francisco Business Times (2009 — Maritime Law)

Firm News

Audio Clips

Marilyn Raia on America's Cup Tragedy – KCBS

Bullivant Houser Bailey PC attorney Marilyn Raia, a Certified Specialist in Admiralty & Maritime Law, discusses the legal issues being considered with the investigation into the capsized Artemis catamaran. A sailor died May 9, 2013 after the catamaran of a Swedish team training for the 2013 America's Cup races capsized on San Francisco Bay. Click here for more information on the story. (First aired on KCBS Radio on May 10, 2013.)

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Marilyn Raia on Recovery of Catamaran - KCBS

Bullivant Houser Bailey PC attorney Marilyn Raia, a Certified Specialist in Admiralty & Maritime Law, discusses the maritime salvage claim law following a man's recovery of a French team's 45-foot catamaran after it broke free from its mooring at a San Francisco pier and drifted away. (First aired on KCBS Radio on October 10, 2012.)

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Marilyn Raia on Pirates in the Courts - KCBS

Bullivant Houser Bailey PC attorney Marilyn Raia, a Certified Specialist in Admiralty & Maritime Law, discusses the trial of 11 Somali pirates, charged with piracy and other counts, related to attacks on two U.S. naval vessels off the coast of Africa. (First aired on KCBS Radio on April 24, 2010.)

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Marilyn Raia on Pirate Kidnappings - KCBS

Bullivant Houser Bailey PC attorney Marilyn Raia, a Certified Specialist in Admiralty & Maritime Law, discusses the decision by the Belgian government to pay the ransom to the Somali pirates and how that decision will impact future cargo and vessel kidnappings by pirates. (First aired on KCBS Radio in June 2009.)

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Marilyn Raia on Effects Piracy Poses - KCBS

Bullivant Houser Bailey PC attorney Marilyn Raia, a Certified Specialist in Admiralty & Maritime Law, discusses the cost piracy poses for commercial shipping worldwide. (First aired on KCBS Radio on May 19, 2009.)

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Marilyn Raia on Piracy Issues - KCBS

Bullivant Houser Bailey PC attorney Marilyn Raia, a Certified Specialist in Admiralty & Maritime Law, discusses piracy issues after the release of a U.S. sea captain, who was being held hostage by Somali pirates. (First aired on KCBS Radio on April 12, 2009.)

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Advisories and Insights

Publications and Presentations

  • Speaker, "Warranties in Marine Insurance Policies Explained," American Bar Association (ABA) Western Regional Conference (2017)
  • Speaker, "Warranties in Marine Insurance Policies," Board of Marine Underwriters of San Francisco Mini Seminar (2015)
  • Speaker, "Do You Know What Your Lawyer Is Doing?" San Francisco Marine Claims Association (2013)
  • Co-Keynote Speaker, "How to Prepare Insurance Personnel for a Deposition," Celebration of National Association of Insurance Women Week Luncheon (2012)
  • Co-Speaker, "Marine Employers Liability/Exposures & Insurance," Board of Marine Underwriters of San Francisco Marine Seminar (2012)
  • Speaker, "Careers in Marine Insurance & Admiralty Law," California State University Maritime Academy (2010)
  • Speaker, "Motor and Marine Cargo Theft," Claims Conference of Northern California (2010)
  • Speaker, "Cargo Owners Legal Liability: General Cargo Casualties," San Francisco Board of Marine Underwriters Biennial Marine Seminar (2008)
  • Speaker, "Recreational Boating," Claims Conference of Northern California (2007)
  • Speaker, "Trucking Law," Property & Liability Resource Bureau (PLRB) West Coast Conference (2006)
  • Speaker, "Tips on Communicating with Your Insured," San Francisco Marine Claims Association (2005)
  • Speaker, "Motor Truck Cargo Claims," Claims Conference of Northern California (2004)
  • Author, "Foreign Forum Selection Clause in Ocean Carrier's through Bill of Lading Not Enforced When Loss Occurs on Land," The International Journal of Shipping Law (1999)
  • Speaker, Association of Marine Surveyors, Inc. Western Regions Marine Conference (1998)
  • Author, "Common Ownership of Fleet Required for Seaman Status," The International Journal of Shipping Law (1997)
  • Author, "NVOCC Has Lien on Cargo for Unpaid Freight," The International Journal of Shipping Law (1997)
  • Author, "Freeze the Fruit, Lose the Suit," The International Journal of Shipping Law (1996)
  • Speaker, San Francisco Transportation Law Institute (1995)
  • Instructor, "The Legal Environment of Insurance," Insurance Educational Association (1994)

Representative Published Decisions

  • Guam Indus. Services, Inc. v. Zurich American Ins. Co., 787 F.3d 1001 (9th Cir. 2015)
  • Guam Industrial Services, Inc., et al., v. Zurich American Insurance Company, et al., 2013 AMC 2598 (D. Guam 2013)
  • Lynette Murphy v. David Matas et al., 2013 WL 4511322 (Cal.App. 1 Dist. 2013)
  • KPX, LLC v. Transgroup Worldwide Logistics, Inc., 2008 Fed. Appx. 667 (9th Cir. 2008)
  • HBSC Ins. Ltd., v. Scanwell Container Line Ltd., 2002 A.M.C. 411 (C.D. Cal. 2001)
  • American Home Assur. Co. v. American President Lines, Ltd., 44 F.3d 774, (9th Cir. 1994) 1995 A.M.C. 1036, 41 Fed. R. Evid. Serv. 729
  • Berdex Intern., Inc., v. M.V. Kapitan Grishin, 1992 WL 361762 (N.D.Cal., May 21, 1992)
  • Commercial Union Ins. Co., v. Sponholz, 866 F.2d 1162 (9th Cir.1989), 1989 A.M.C. 1123 (Jan. 31 1989)
  • Continental Ins. Co., v. Chemoil Corp., 1988 WL 156750, 1989 A.M.C. 209 (N.D.Cal., Jun 02, 1988)
  • IN RE DELEAS SHIPPING LTD., et al., 1996 A.M.C. 434 (W.D.Wa., October 27, 1995; As Corrected December 30, 1996)
  • Craig Charles Taylor v. THE AHMEDNAGER QUEEN AND DARRELL ALLWEIN, 1989 A.M.C. 2631 (N.D. Cal., June 22, 1988)
  • Great American Insurance Companies and Fireman's Fund Insurance Company, v. M/V ALGENIB, et al., 1988 A.M.C. 1030 (N.D. Cal., October 1, 1987)
  • Royal Exchange Assurance of America, Inc., et al., v. M/V HOEGH DENE, HER ENGINES, ETC., et al., 1988 A.M.C. 868 (W.D.Wa., September 25, 1987)
  • Cordis Dow Corp. v. S.S. PRESIDENT KENNEDY, HER ENGINES, ETC., American President Lines, Ltd., and Western Pacific Railroad Company, 1985 A.M.C. 2756, (N.D. Cal., June 11 1984)

Outside the Firm

When not practicing law, Marilyn is a percussionist with the Contra Costa Wind Symphony and enjoys spending time with her family, quiltmaking, cooking, and assisting animal rescue organizations.

 

One of Marilyn's many quilt projects. "What I found fascinating when making this quilt is that each block is made from the same pattern but looks different from the others because of the color choices of the fabrics," says Marilyn.

 

"I love to make scrap quilts. There are so many fabrics I love that sometimes I cannot help myself and have to use as many as I can," declares Marilyn.

 

Marilyn brushing Joseph, a mule retired from service in the Grand Canyon. Joseph was rescued by the Best Friends Animal Sanctuary in Kanab, UT where Marilyn volunteered.