Cases, Topics & Judges Flashcards
Bisso v. Inland Waterway
Duty of Tug to Tow
- Exercise reasonable care
- Furnish seaworthy vessel with proper equipment
-Exculpatory clauses cannot prevent against all liability claims due to negligence.
Daniel Ball
Navigable waters not only includes bodies of water that ARE used for maritime commercial activity but COULD be used for those purposes.
Romero
Nevertheless, the Court did hold that the two admiralty claims (unseaworthiness and maintenance and cure) could be “appended” to the Jones Act claim and brought with it on the law side.
Admiralty Extension Act
Extends admiralty jurisdiction beyond to incidents that occur on navigable waters but the injury occurs on land
Executive Jet
Locality + Nexus
Foremost Insurance
Marshall-“substantial relationship”
Sisson
Two Part Test
- Potential for disruption to maritime commerce
- Substantial relationship between incident in question and traditional maritime activity
Moragne
- Wrongful death remedy to seaman & longshoreman due to unseaworthiness on territorial waters OR
- Wrongful death remedy on claim of GML negligence against a 3rd party.
NOTE: Ruling doesn’t agree with the holding in The Harrisburg
Savings to Suitors Clause
All common law remedies available in other court’s, except for In Rem (which is specific to Admiralty)
Wilburn Boat (1954)
Justice Black says:
A) Said that where maritime law exists it governs a maritime insurance question
B) Indicated the Court’s reluctance to fashion federal common law
C) Indicated judicial misgiving regarding the strict compliance rule regarding warranties in marine insurance policies
Reed Dissent: Believed that the “literal compliance rule”, an effective admiralty law stating that any breach is sufficient should have applied.
Jensen (1917)
Justice McReynolds:
State law is fine unless it contravenes an applicable act of congress. In this case, the SC held that NY Worker’s Comp act could not apply to admiralty case where federal law already existed.
Holmes’ Dissent-Plaintiff brought it in state court and therefore should be entitled to state remedy.
Trawler Racer
Negligence is not required to show unseaworthiness, just notice.
Reliable Transfer
Proportionate fault
-Divided Damage Rule and its Rationale
The word “esoteric”
Specialized understanding & impact to a specific group of individuals
Miles
O’Connor:
No “loss of society” remedy for a wrongful death of a seaman due to unseaworthiness
Liability under LHWCA
- Strict liability, independent of fault
- Only pecuniary damages are available for employee against their employer.
- Vessel is still liable, but only for negligence, not unseaworthiness. (Impact that Moragne rectifies)
Exxon
Plaintiff is unable to recover the part of the damages that his actions were the superseding/proximate cause of.
“The Holy Trinity” for Seaman
Seaman Status Remedies: Unseaworthiness, Maintenance & Cure, Negligence
The White City
Towage is not a bailment, so the owner of the tow still needs to provide sufficient evidence that the damage occurred because of the tower’s negligence.
Requirement for Diversity Jurisdiction
- Diverse Parties
2. >$75,000 in dispute/damages
Papai
requirement for seaman status that the alleged seaman have a connection to a vessel that is substantial in terms of duration and nature.
“Loss of Society”
Remedy is only available to Longshoreman, because it is inconsistent with parties that fall under DOHSA or Jones. However, situation might differ if applicable state law in regards to territorial waters.
Limitation of Liability
Allows owner of vessel to limit liability for any claim, debt, or liability, arising out of an incident occasioned, or incurred, without the privity or knowledge of the owner, to the value of the vessel after the accident and pending freight.
Who can pursue a limitation of liability?
Owner of Vessel, assuming owner had no “privity of knowledge” that the vessel was unseaworthy
What does “saved” mean in the Saving to Suitors Clause?
This provision saves to plaintiffs whatever nonadmiralty “remedies” might be available to them.
Wardell
Where there is a moving vessel and a stationary vessel, the presumption is that the moving vessel is at fault. This is not a rebuttable presumption, but merely shifts the burden over to the other party.
Gaudet
Loss of Society-remedy still available for longshoreman for wrongful death action due to unseaworthiness on territorial waters
Differs from Miles, where remedy is not available to Seaman bc of Jones Act.
Standard Oil
Loss of use: Have to prove that if not for the damages the vessel would currently be generating revenue.
