Marilyn Raia

Of Counsel, San Francisco Office

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



Practice Areas

Industries

Bar/Court Admissions

Admitted to California State Bar, 1976
Admitted to U.S. Court of Appeals for the Ninth Circuit
Admitted to U.S. District Court, Central, Eastern, Northern, and Southern Districts of California

Education

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

Experience

Marilyn Raia has more than 30 years of experience litigating and counseling clients regarding transportation, insurance, and commercial matters. Her practice involves subrogation, non-regulatory maritime and transportation matters including cargo loss and damage, personal injury defense, tug and tow, collision, salvage and general average, ocean and inland marine insurance coverage and defense matters, and business litigation. Her litigation experience includes extensive motion practice, arbitrations, mediations, jury and court trials in California state and federal courts, and appeals in both the California Court of Appeal and the Ninth Circuit Court of Appeals. Marilyn was appointed by the U.S. District Court for the Northern District of California to serve as an Early Neutral Evaluator and Arbitrator in Maritime and Insurance Matters. 

Professional/Civic Involvement

  • Association of Marine Underwriters of San Francisco
  • Proctor Member, Maritime Law Association of the United States
  • Adjunct Professor, University of San Francisco, School of Law - Carriage of Goods/Carriage of Passengers by Sea, 2004

Awards and Honors

  • Selected for inclusion in The Best Lawyers in the San Francisco Bay Area by the San Francisco Business Times (2009, Maritime Law)
  • Selected for inclusion in The Best Lawyers in America (2010, 2009, 2008, 2007, Maritime Law)
  • Selected for inclusion in Northern California Super Lawyers (2009, 2008)
  • AV®, Peer Review Rated by Martindale-Hubbell

Publications & Presentations

  • Author,"The law of lookouts," Pacific Maritime Magazine (2009)
  • Author,"Submerged Obstructions to Navigation," Pacific Maritime Magazine (2009)
  • Author, "Towing liability, part two: Towing company not necessarily liable for loss of tow," Pacific Maritime Magazine (2009)
  • Author, "Towing liability, part one: Towing company not necessarily liable for loss of tow," Pacific Maritime Magazine (2009)
  • Author, "Truth or consequences in marine insurance," Pacific Maritime Magazine (2008)
  • Speaker, "Cargo Owners Legal Liability: General Cargo Casualties," San Francisco Board of Marine Underwriters 17th Biennial Marine Seminar (2008)
  • Speaker, "Recreational Boating," Claims Conference of Northern California (2007)
  • Co-Author, "Don't Lose Your Coverage Before You Need it Most," Pacific Maritime Magazine (2006)
  • Speaker, "Trucking Law," 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, "30th Western Regions Marine Conference," National Association of Marine Surveyors, Inc. (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, "28th Transportation Law Institute," San Francisco (1995)
  • Instructor, "The Legal Environment of Insurance, CPCU6," Insurance Educational Association (1994)
  • Author, "Where Does the Buck Stop?," Underwriter's Report (1987)
  • Author, "P.A. Adjustments--The Debate Lives On," Underwriter's Report (1985)
  • Author, "The 'Gap' in Coverage for Wreck Removal Expenses," Underwriter's Report (1984)
  • Author, "Marine Insurance?," Underwriter's Report (1983)

Representative Published Decisions

  • HBSC Ins. Ltd., v. Scanwell Container Line Ltd., 2001 WL 940673, 2001 A.M.C. 1621 (C.D.Cal., Jan 17, 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)

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