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All Volumes | Admiralty Law Institute | 1994

Contribution and Indemnity: The Quest for Uniformity

Warren B. Daly, Jr. | Symposium

When the Tulane Admiralty Law Institute addressed maritime personal injury and death in 1981, Francis J. Gorman contributed a scholarly review of the law of contribution and indemnity. The prior decade had seen dramatic changes in the substantive rules affecting contribution and indemnity in the maritime venue. The 1972 amendments to the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA) had eliminated indemnity actions by shipowners against stevedoring employers, and three Supreme Court opinions, Cooper Stevedoring Co. v. Fritz Kopke, Inc., United States v. Reliable Transfer Co., and Edmonds v. Compagnie Generale Transatlantique, had broadened and shaped the allocation of loss among joint tortfeasors. This Article will analyze [...]

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Living and Dying in the Post-Miles World: A Review of Compensatory and Punitive Damages Following Miles v. Apex Marine Corp.

Stephen K. Carr | Symposium

This Article will review Miles, the maritime traditions from which it is drawn, and the precedent it has set. In doing so, it will be necessary to review the application of damages before and after Miles with respect to both compensatory and punitive damages. From this analysis, several conclusions are drawn. First, although Miles successfully rid the law of much of the ambiguity regarding the pecuniary nature of compensatory damages, the confusion left by its wake highlights the need for comprehensive maritime legislation. Second, although most post-Miles courts addressing the issue of punitive damages, other than in a maintenance-and-cure scenario, have denied recovery, the ground on which [...]

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Remedies for Maritime Personal Injury and Wrongful Death in American Law: Sources and Development

George W. Healy, III | Symposium
This Article will attempt not only to illuminate the struggle of Congress and the courts to meet the needs of the various competing interests involved in maritime commerce but also demonstrate how this struggle has produced both brilliant and erroneous decisions, depending to some degree on the viewpoint of the beholder. This Article endeavors to provide a foundation for detailed treatment of specific areas of the law that may be found in other articles appearing in this issue and discussed at the 1993 Tulane Admiralty Law Institute.

 

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Seaman Status in Wilander’s Wake

Jack L. Allbritton | Symposium

In the Wilander Court’s limited wake, three areas of seaman status law remain unsettled and continue to generate confusion and conflicting decisions in the lower courts. It is unclear what effect Wilander will have on the issues it failed to resolve. First, should seaman status extend to traditional seamen, such as pilots and divers, who spend most of their time working on numerous vessels, but have no permanent assignment to a vessel? Second, does Robison‘s “substantial work” alternative to “permanent assignment” survive Wilander‘s “employment-related connection to a vessel” requirement? Third, what is the test for determining whether a floatable structure is a Jones Act vessel?

 

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Modern Practice Considerations in Maritime Personal Injury Litigation: Procedural Weapons for Venue Battles

Harold K. Watson | Symposium

Choice of forum has probably always been an important consideration in maritime personal injury litigation. It has long been recognized that the United States is a far more advantageous forum for personal injury plaintiffs than almost any foreign forum. Moreover, in recent years, the question of whether a maritime personal injury case is tried in state or federal court has grown in importance, as plaintiffs have increasingly found advantages in state court litigation. Many state judges are elected, and the politicization of judicial selection gives at least a perceived advantage to particular lawyers and parties in particular courts. Moreover, federal district court [...]

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Problems Arising from the Intersection of Traditional Maritime Law and Aviation Death and Personal Injury Liability

William C. Brown, III | Symposium

On July 28, 1968, an airplane owned and operated by Executive Jet Aviation, Inc. struck a flock of gulls as it was taking off from Burke Lakefront Airport in Cleveland, Ohio. The plane lost power, crashed, and ultimately sank in the navigable waters of Lake Erie. The suit for property damage to the plane’s hull eventually reached the United States Supreme Court as Executive Jet Aviation, Inc. v. City of Cleveland, which held that certain aspects of aviation liability are governed by maritime law.

The United States Constitution vests the Supreme Court with exclusive power to establish the substance of admiralty [...]

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Personal Injury and Wrongful Death Remedies for Maritime Passengers

Karen C. Hildebrandt | Symposium

Despite the current harsh economic climate, the cruise market has continued to expand at a rate of close to ten percent annually. A forecast recently reported in Lloyd’s List International predicted that the current size of the world’s cruise fleet will double before the end of the century, the number of cruise passengers will increase from over four million to ten million, and industry employment at sea will double. Cruise Industry News forecasts that, in light of market potential, cruise lines will continue to build cruise ships. By the end of the century, the North American cruise fleet could consist of 150 ships, capable of [...]

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The Impact of the Longshore and Harbor Workers’ Compensation Act on Third Party Litigation

Thomas W. Thorne, Jr. | Symposium

For several decades, the Longshore and Harbor Worker’s Act (LHWCA) was a scow on the sea of maritime personal injury law. The Act lacked parity with other maritime laws and was shrouded in misconceptions. Understandably, the workings of the Act were not apparent to the general practitioner whose contact with the maritime law field is limited. In 1991, however, after a thirty-five year absence from the area of “seaman status” issues, the Supreme Court apparently extended additional parity to the LHWCA in McDermott International, Inc. v. Wilander. Although this decision has cleared up some of the confusion concerning seaman status, many misconceptions remain. [...]

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Sources of Recovery for Maritime Personal Injury and Death Under British Law

Lord Donaldson of Lymington | Symposium
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