Cases, Topics & Judges

Question 1

Bisso v. Inland Waterway

Answer 1

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.

Question 2

Daniel Ball

Answer 2

Navigable waters not only includes bodies of water that ARE used for maritime commercial activity but COULD be used for those purposes.

Question 3

Romero

Answer 3

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.

Question 4

Admiralty Extension Act

Answer 4

Extends admiralty jurisdiction beyond to incidents that occur on navigable waters but the injury occurs on land

Question 5

Executive Jet

Answer 5

Locality + Nexus

Question 6

Foremost Insurance

Answer 6

Marshall-“substantial relationship”

Question 7

Sisson

Answer 7

Two Part Test

1. Potential for disruption to maritime commerce
2. Substantial relationship between incident in question and traditional maritime activity

Question 8

Moragne

Answer 8

• 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

Question 9

Savings to Suitors Clause

Answer 9

All common law remedies available in other court’s, except for In Rem (which is specific to Admiralty)

Question 10

Wilburn Boat (1954)

Answer 10

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.

Question 11

Jensen (1917)

Answer 11

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.

Question 12

Trawler Racer

Answer 12

Negligence is not required to show unseaworthiness, just notice.

Question 13

Reliable Transfer

Answer 13

Proportionate fault

-Divided Damage Rule and its Rationale

Question 14

The word “esoteric”

Answer 14

Specialized understanding & impact to a specific group of individuals

Question 15

Miles

Answer 15

O’Connor:

No “loss of society” remedy for a wrongful death of a seaman due to unseaworthiness

Question 16

Liability under LHWCA

Answer 16

• 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)

Question 17

Exxon

Answer 17

Plaintiff is unable to recover the part of the damages that his actions were the superseding/proximate cause of.

Question 18

“The Holy Trinity” for Seaman

Answer 18

Seaman Status Remedies: Unseaworthiness, Maintenance & Cure, Negligence

Question 19

The White City

Answer 19

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.

Question 20

Requirement for Diversity Jurisdiction

Answer 20

1. Diverse Parties

2. >$75,000 in dispute/damages

Question 21

Papai

Answer 21

requirement for seaman status that the alleged seaman have a connection to a vessel that is substantial in terms of duration and nature.

Question 22

“Loss of Society”

Answer 22

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.

Question 23

Limitation of Liability

Answer 23

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.

Question 24

Who can pursue a limitation of liability?

Answer 24

Owner of Vessel, assuming owner had no “privity of knowledge” that the vessel was unseaworthy

Question 25

What does “saved” mean in the Saving to Suitors Clause?

Answer 25

This provision saves to plaintiffs whatever nonadmiralty “remedies” might be available to them.

Question 26

Wardell

Answer 26

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.

Question 27

Gaudet

Answer 27

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.

Question 28

Standard Oil

Answer 28

Loss of use: Have to prove that if not for the damages the vessel would currently be generating revenue.