Gary Murphy | Of Counsel
Admiralty and Maritime Litigation
The following are representative admiralty and maritime matters in which Mr.Murphy represented the United States as DOJ Trial Attorney or as Coast Guard agency counsel:
• Sanchez v. U.S.: Prevailed in summary judgment on a Federal Tort Claims Act (“FTCS”) personal injury action against United States for alleged negligent aids to navigation maintenance by Coast Guard.
• Advanced unprecedented filing of $1M+ claim in Panama by Coast Guard to recover collision damages sustained by Coast Guard cutter in Panama Canal.
• Ballard v. U.S.: Settled allegation of personal injury caused by a Coast Guard cutter wake.
• Whittier v. U.S.: Settled seaman injury on MARAD vessel.
• SeaChange Projects LLC v U.S.: Settled breach of contract concerning reflagging of MSC munitions ship.
• Great Lake Dredge & Dock (Limitation and 3rd Party Plaintiff) v. USA (3rd Party Defendant): Represented United States after U.S. Army Corps contractors/subcontractors removed underground power cable owned by Puerto Rico Power Company during dredging operations.
• Rolly Marine Service, et. al. vs. Florida East Coast Railroad, et.al.: Court upheld Coast Guard bridge deviation challenged under an emergency motion.
• SHARK v. Coast Guard: Prevailed in Constitutional challenge to Coast Guard safety zone by press.
• Davis v. Zunkunft: Settled EAJA Act costs and attorney fees dispute after District Court found Coast Guard unjustified in bringing Suspension and Revocation proceeding against a licensed mariner.
Environmental Related Litigation (OPA-90, MARPOL/APPS, and Clean Water Act)
Mr. Murphy worked closely with Coast Guard enforcement officers and Coast Guard Investigative Service agents during government investigations of oil spills and reported environmental violations, participated in surety bond negotiations related to ship detentions, and advanced subsequent criminal and/or civil actions. The following are representative environmental matters in which Mr. Murphy represented the United States as DOJ Trial Attorney or as Coast Guard agency counsel:
• U.S. v. Brothers Enterprises et al.: $1M+ cost recovery action under OPA-90. Negotiated settlement or default judgment with all responsible parties.
• Angelex Ltd. v. United States: Protected Coast Guard authorities and successfully defended, first ever, $4M claim for unreasonable detention and delay of a vessel under the Act to Prevent Pollution from Ships.
• Led Coast Guard’s civil penalty process in coordination with DOJ Environmental & Natural Resources Section. Example cases:
o Kirby Marine Incident at Texas City: Kirby Inland Marine paid $4.9M in penalties and agreed to implement fleet-wide changes after collision and oil spill.
o Hawaiian Fishing Companies: Several Hawaiian fishing companies, managers, and operators agreed in consent decree to implement corrective measures and pay civil penalties related to discharges of oily bilge water.
o U.S. v. Tri-Marine Management Co.: Oversaw fleet-wide compliance review plan in consent decree related to oil spill.
Complex Civil Litigation
Mr. Murphy not only directly handled high-profile and complex litigation matters, but also supervised junior attorneys to ensure aggressive representation of U.S. interests. Examples include:
• Directed Coast Guard discovery and litigation posture for multi-district litigation involving military service by transgender individuals.
• Safeguarded Coast Guard interests in multiple challenges to Coast Guard discharges/employment actions including:
o Lippmann v. Unites States: Settled litigation involving a challenge to a Career Retention Screening Panel process where over 300 services members were involuntarily discharged.
o Huffman v. Kelly: Successfully defended APA challenge to Coast Guard discharge decision. Served as agency counsel at District Court level and on appeal.
• Oversaw junior attorneys and Coast Guard interests in FTCA claims against the United States such as:
o Ortega Garcia v. United States: U.S. prevailed in litigation involving a Coast Guard vessel that struck and killed a migrant crossing the Brownsville shipping channel.
o Kloner v. United States: $2 million settlement for Rabbi that suffered long term debilitating injuries after falling from the stage during a Coast Guard change of command ceremony.
Criminal Matters
The following are representative criminal matters in which Mr. Murphy represented defense clients or prosecuted the case on behalf of the United States:
Defense Counsel:
o U.S. v. Woods: Drug Distribution and Use charges. Coordinated with outside counsel on habeas petition and APA challenge in federal court. Negotiated 9-month plea agreement during court-martial. Case currently on appeal on jurisdiction issue raised by Mr. Murphy at trial level.
o U.S. v. Langston: Sexual Assault. Negotiated alternate disposition agreement in lieu of trial.
o U.S. v. Dolan: Sexual Contact. Negotiated alternate disposition agreement in lieu of trial.
o U.S. v. Briscoe: Domestic Violence/Assault. Forced government to abate, and ultimately dismiss case, after Mr. Murphy raised issue of United States deporting a material witness.
Prosecutor:
o U.S. v. Harmon: Conviction for Sexual Contact after jury trial.
o U.S. v. Cain: Conviction for Sexual Contact.
o U.S. v. Twomley: Conviction for multiple specification of Sexual Harassment and Assault and Battery.
o U.S. v. Mendoza: Conviction for Housing Fraud against the United States.
o With U.S. Attorney Offices: Cases involved assault on the high seas, assault on a Coast Guard boarding officer. Also served as agency counsel for boating under the influence cases subject to the federal misdemeanor docket program.
Military Servicemember Representation
In addition to representation of military service members before criminal and administrative bodies, Mr. Murphy is experienced providing personal legal guidance to active duty, dependents, and retirees in the areas of estate planning, landlord/tenant matters, consumer law, real property transactions, income taxes, and military benefits to include the Servicemembers Civil Relief Act (“SCRA”).