//

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 Representative Work Professional and Civic Involvement Awards and Honors Press Coverage Publications and Presentations Outside the Firm

Practice Experience

Marilyn has counseled and represented clients in maritime, transportation, insurance, subrogation, and commercial matters for more than 35 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, 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 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
  • Proctor Member, Maritime Law Association of the United States
  • Italian-American Bar Association of Northern California 
  • Adjunct Professor, University of San Francisco, School of Law - Carriage of Goods/Carriage of Passengers by Sea, 2004
  • The State Bar of California

Awards and Honors

  • AV® Preeminent™, Peer Review Rated by Martindale-Hubbell
  • Selected for inclusion in Northern California Super Lawyers (2011, 2010, 2009, 2008 — Transportation/Maritime)
  • Selected for inclusion in The Best Lawyers in America (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)

Press Coverage

Firm News

Audio Clips

Marilyn Raia KCBS Radio May 19, 2009

Maritime law expert Marilyn Raia discusses the cost piracy poses for commercial shipping worldwide on KCBS (May 19, 2009).

Get the Flash Player to hear this audio file.

Marilyn Raia on piracy issues - KCBS

Maritime law expert Marilyn Raia discusses piracy issues after the release of a U.S. sea captain, who was being held hostage by Somali pirates on KCBS (April 12, 2009).

Get the Flash Player to hear this audio file.

Marilyn Raia on Somali pirate kidnappings, June 09

Bullivant Houser Bailey PC attorney Marilyn Raia, a marine law expert, discusses the decision by the Belgian government to pay the ransom and how that decision will impact future cargo and vessel kidnappings by pirates.

Get the Flash Player to hear this audio file.

Somali Pirates Make Court Appearance - KCBS

Maritime law attorney Marilyn Raia on the trail of 11 Somali pirates, charged with piracy and other counts, related to attacks on two U.S. naval vessels off the coast of Africa (April 24, 2010).

Get the Flash Player to hear this audio file.

Advisories and Insights

Publications and Presentations

  • Speaker, "Careers in Marine Insurance & Admiralty Law," California State University Maritime Academy (2010)
  • Speaker, "Motor and Marine Cargo Theft," 17th Annual Claims Conference of Northern California (2010)
  • 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)

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)