Adler Pollock & Sheehan P.C. (AP&S) successfully represented Northeast Marine Pilots, Inc. before the U.S. Court of Appeals for the First Circuit, securing affirmance of the dismissal of claims seeking to hold the pilots association vicariously liable for a member pilot’s negligent navigation.
In Codan Forsikring A/S v. Bogus, No. 25-1770 (1st Cir. 2026), the First Circuit addressed an issue of first impression in the Circuit, clarifying the circumstances under which a pilots association may be held legally responsible for a member pilot’s navigational negligence.
Relying on the U.S. Supreme Court’s longstanding decision in Guy v. Donald, 203 U.S. 399 (1906), the Court held that a pilots association cannot be held vicariously liable for a pilot’s negligent navigation unless the association exercises control over how the pilot performs those duties. The Court further determined that allegations of employment, incorporation, or ownership interest alone are insufficient to establish the level of control required for vicarious liability.
The decision provides important clarification regarding the legal standards governing liability for pilots associations and reinforces the distinction between an association’s organizational relationship with its members and its control over their professional navigational duties.
Joshua S. Parks argued the appeal, and Colten Erickson was on the appellate brief.
