What Law Governs in Admiralty Ch. 5

Question 1

Southern Pacific Co. v. Jensen

Answer 1

State Law is fine UNLESS it contravenes an applicable act of congress.

“We think no such legislation is valid if it contravenes the essential purpose expressed by an act of Congress or works material prejudice to the characteristic features of the general maritime law or interference with the proper harmony and uniformity of that law in its international and interstate relations. “

Question 2

Chelentis v. Luckenbach

Answer 2

The remedy cannot exceed that which is available in Admiralty.

-States must apply general maritime law regardless of the court in which the matter is heard.

NOTE: Prior to the Jones Act, this left some without an available remedy.

Question 3

Insurance Contracts: State v. Federal Law-Wilburn

Answer 3

1. Unless a controlling federal rule is found, state law can govern insurance contracts.
2. The Supreme Court asks:
   (1) Is there a judicially established federal admiralty rule governing these warranties?
   (2) If not, should they fashion one?

a. If no. Control of Insurance Traditionally left to States
b. Might be overly intrusive of Federal Gov.
c. Maritime but Local

Question 4

Reasons to establish Federal Control

Answer 4

a. Letting States regulate may burden maritime commerce
b. Harmful to desired uniformity
c. Unreasonable interference with maritime activity

Question 5

State Limitations on Forum Non Conveniens.

-American Dredging

Answer 5

A state that doesn’t recognize forum non-conveniens for admiralty cases shall be upheld, as it is not a “characteristic feature” of admiralty law, and thus state law/recognition is not in conflict.