Admiralty Jurisdiction in Tort Ch. 3

Question 1

Locality Test

Answer 1

Traditional Rule: Per “The Plymouth”, If it took place on a ship on navigable waters it was found to be within Admiralty Jurisdiction.

Question 2

Admiralty Extension Act

Answer 2

Modern Approach: “The admiralty and maritime jurisdiction of the United States shall extend to and include all cases of damage or injury, to person or property, caused by a vessel on navigable water, notwithstanding that such damage or injury be done or consummated on land.”

Question 3

Executive Jet Approach

Answer 3

Nexus Requirement=locality + Nexus

“The fact that the injury occurred on navigable waters alone does not mean there is admiralty jurisdiction, there needs to be a nexus.

AKA-a significant relation to traditional maritime activity.

Question 4

Foremost Insurance Caveat

Answer 4

Admiralty jurisdiction not limited to incidents involving commercial navigation; collision between pleasure boats has significant relationship to traditional maritime activity. Wrong must have significant connection with traditional maritime activity

Application of Executive Jet
a. “The wrong have a significant connection with traditional maritime activity”

AKA–Just because the two boats involved in the crash were not engaged in commercial activities does not mean that it could not potentially have an impact on maritime commercial activity.

Question 5

Sisson v. Ruby: Two-Part Nexus Test

Answer 5

1. Is there a potential for disruption of maritime commerce?
2. Is there a substantial relationship between the activity giving rise to the incident and traditional maritime activity?

NOTE: If multiple parties, only one needs to meet these requirements for Admiralty Jurisdiction.