Admiralty and Maritime Law by Thomas Schoenbaum, Jessica McClellan

By Thomas Schoenbaum, Jessica McClellan

This is often the 2016 pocket half replace for Schoenbaum's Admiralty and Maritime legislations, fifth, Hornbook sequence.

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For a good discussion of admiralty tort jurisdiction, see Cruz-Aponte v. 2d 247 (D. R. 2012). Admiralty jurisdiction extends to claims to enforce foreign admiralty judgments. A. v. 3d 527 (4th Cir. 2013). The court extended admiralty jurisdiction to an injury sustained during a jet ski and snorkeling tour in the Virgin Islands. Jerome v. , 2013 WL 692471, 2013 AMC 1331 (D. I. 2013). In Tandon v. 3d 239 (2d Cir. 2014), the Second Circuit found that federal admiralty jurisdiction did not extend to vessel owners who had filed a petition for exoneration from or limitation of liability against a marina owner to limit their tort liability for injuries sustained in a physical altercation among recreational visitors on and around a permanent dock surrounded by navigable water.

D. Cal. 2012), the court ruled that there was no jurisdiction over a Vietnamese barge carrier that had no contact with California. The Second Circuit affirmed the district court’s dismissal of an action brought by two Indian nationals for injuries incurred while crew members on a vessel when it was hijacked by Somali pirates. Dismissal was based on lack of personal jurisdiction over the primary defendants and on grounds of forum non conveniens. Chirag v. MT Marida Marguerite Schiffahrts, 604 F.

The society’s petition for writ of mandamus was granted because the district court clearly abused its discretion and reached a patently erroneous result and the defendant had no other way to vindicate its rights. � 3–7ŠŠŠŠŠŠProducts Liability in Admiralty In Oswalt v. 3d 856 (9th Cir. 2011), the court adopted as the applicable products liability formulation in admiralty, the Restatement of Torts (Third), § 2, which provides in relevant part: A product is defective when, at the time of sale or distribution, it contains a manufacturing defect, is defective in design, or is defective because of inadequate instructions or warnings.

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