Admiralty and Maritime Law

Visiting Professor Peter L. Murray

Class 1 History and Admiralty Jurisdiction

February 1, 2007

Welcome to Admiralty and Maritime Law Spring 2007!

Why do you want to study Admiralty and Maritime Law?

Why am I here?
First time teaching Admiralty Law.
Took it with Mark Howe in Law School For many of the same reasons you are taking it now. Practiced some admiralty law in Portland Maine for about 20 years. Miscellaneous practice, casualty and PI, ship financing and sale, liens

Admiralty has not been taught here for several years Great example of ancient international private law.
comparative law and systematic approach Historical element. .

Course Logistics
Two credit course Conventional exam with a paper option.
Paper topics to be cleared in advance. Papers to be 30 pp. in academic style.

Some who need an additional credit:

Take exam and write a 30-page paper. Take paper option and write 50 page paper.

Note special makeup class on March 1 to replace April 4 class.

What is so special about Admiralty and Maritime Law ?

A separate body of law to govern transactions and activity connected with venturing forth on the seas. An international body of private customary law. An ancient amalgam of civil law and common law doctrine and procedure,

What is different about the sea??

Some factors:
Ships frequently travel between jurisdictions. Land-based jurisdiction can attach to a ship when it is in port. Vessels are on voyages out of contact with terrestrial authority. Hazard of sea needs some special protections.

Evolution of Legal Doctrine and Institutions

Does law evolve to meet the political, social and economic needs of the social order that sponsors it? Admiralty law as a systemic response to the special conditions and needs of seagoing commerce in the age of sail?
As modified by later technological, political and economic developments..

American Admiralty Law

Represents a special and fascinating evolution. Creation of a body of admiralty law by a new nation on the international scene of trade and commerce. Dealing with the British Admiralty Tradition. Developing a national law under conditions of extreme federalism. Evolution of legal institutions with changing social, economic and technological conditions.

Admiralty Law as Civil Law

Body of Special Law for Matters Maritime came from the civil law world.
A world accustomed to thinking of law as abstract principles. Arranged in consistent codes.

Rhodians, Justinian, Italian Cities Roles of Oleron Later - Laws of Visby We will study these in greater detail next week.

International Trade and Admiralty Law

From the earliest times nations had sought trade monopolies. Greeks, Romans, Venetians, English, Germans (Hansa) sought trade monopolies in specific parts of the globe. Spanish and Portugese purported to divide up the entire world for purposes of trade and colonization. Admiralty law to foster trade and support trade monopolies.?

English Admiralty Law

Reception of the Civil Admiralty Law in England.
Blacke Book of Admiralty

The Admiralty Court.

Doctors Commons Civil Law Doctors as practitioners university trained jurists. Contrast with common law courts and lawyers

The Battle with the Common Law

Overlapping jurisdiction with in-personam procedures applied to maritime claims. Lord Coke and the Writ of Prohibition. Restrictions on the Admiralty jurisdiction.
In rem actions. Limitation of liability, salvage, prize, maritime insurance, etc.

Concept of Admiralty: (relating to the admiralty court) and Maritime (relating to the sea).

Admiralty Law in the Colonies

Vice Admiralty courts established in each of the colonies.
Parallel to Chancery. Restricted to traditional English admiralty jurisdiction. Terms of jurisdiction in colonial charters. Appeal to London.

Pirates, Smugglers and Privateers

The Golden Age of Piracy 1670 1730
Some before and afterward. Prosecution of pirates in the colonies admiralty jurisdiction.

Smuggling a lucrative business.

Well established in 18th and early 19th Century England. Condemnation of smuggling vessels and goods.

Privateers
Became common latter part of 18th Century Condemnation and sale of prizes.

The American Revolution

Individual states began to exercise admiralty and maritime jurisdiction.
State prize courts condemning seized enemy ships. New Hampshire prize court and privateers.

Articles of Confederation did not establish any separate Federal courts.

Authorized Congress to establish courts for the trial of pirates Authorized Congress to establish prize courts.

States established and operated their own admiralty courts.

Appeal to congress in prize matters.

The American Constitution

Admiralty jurisdiction was one of the areas of federal concern from the beginning. Query what about admiralty jurisdiction commended federal jurisdiction?
Criminal Prize Civil commercial In rem

Piracy
Although now considered romantic, at the beginning of the 18th Century a serious social problem. Caribbean pirates ventured up the east coast of the American colonies.
As far as Maine and Nova Scotia

Colonial authorities had difficulty dealing with the pirates.

Resources. Jurisdiction.

Although piracy had receded by the last quarter of the century, the memory was still bright

Problem M-1
Prosecution for seizing a ship off the coast of Africa. Massachusetts sheriff and courts? New Federal Admiralty and Maritime jurisdiction?
U.S. Marshal

Where was the law going to come from? Criminal procedure in admiralty court?

U.S. Constitution
Article III, Section 2:
the judicial power shall extend to all cases of admiralty and maritime Jurisdiction

What is the meaning of and maritime? Effort to escape the strictures of English Admiralty Law?

Judiciary Act of 1790

Created the basic structure of federal jurisdiction as we know it today District courts
shall also have, exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction.; saving to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it.

Maritime crimes.
Petty crimes within the jurisdiction of the newly established District Courts. Major crimes within the jurisdiction of the Circuit Courts:
Supreme Court justice and district judge. Except for the District of Maine where the District Judge was given the powers of the Circuit Court
Concession to geography Thus allowing the trials of Hanson, etc.

Jury trial preserved for maritime crimes.

Reception of Admiralty Law in the U.S.

No formal federal reception of English Admiralty law.
Compare reception of English common law by states. American courts did not want to be bound by English strictures. Admiralty and maritime law was international and hence did not need to be adopted

Admiralty Jurisdiction

Admiralty Jurisdiction
Subject matter jurisdiction
Matters within the admiralty jurisdiction and without Internationally In the United States State Federal

Physical Jurisdiction
Jurisdiction over the res? Jurisdiction over the personae? Compare with territorial jurisdiction in non-admiralty matters

Subject matter jurisdiction in admiralty may be based on geographic considerations i.e. on or off the water.

Other Characteristics of Jurisdiction

Jurisdiction by virtual of nationality
Of vessel? Of crew member?

Jurisdiction by virtue of location of particular activity

Nautical activity Land-based activity Compare long arm statutes tort and contract

Overlapping and Multiple Jurisdiction

Many sovereigns may acquire jurisdiction to adjudicate the same maritime issue. Internationally Within the US State v. Federal Forum shopping?? Remedies:
Uniformity of Maritime law Forum non conveniens

Lets look at some cases

Development of notions of admiralty jurisdiction in the US. Related to our particular constitution and federalism. In jurisdictions with national legal systems in which maritime cases are tried in the ordinary courts this jurisdictional issue can be simpler.

The Genesee Chief (p. 48)

What kind of jurisdiction are we concerned with here?
Subject Matter linked to things occurring on a particular kind of place? Territorial usually associated with power of sovereign?

Why would the plaintiff seek to use the admiralty jurisdiction? In rem proceeding compared with state remedies.

Ancient English doctrine

Admiralty jurisdiction is bounded by the rise and flow of the tide
Logical basis? Arbitrary?

Ability of vessel to gain the open sea was based on rise and flow of tide.
Aspects of ocean navigation and trade that required peculiar institutions of admiralty were bounded by the tide. Direct participation by foreign ships was limited to tidewater.

Why a different result in the US?

There were areas in the US that involved the same issues of foreign commerce and remote voyages as did the tidal rule Some of these were beyond the tides
Great Lakes Mississippi River Other large rivers connected with the sea.

How about purely inland bodies of water?

Navigable Waters
Must be more than a pond some kind of waters capable of bearing interstate commerce Lynch v. McFarland (p. 54) inland lake connected to river with canoe or raft connection with another state not navigable waters of US.

Vessels
Admiralty law organized around the concept of the vessel..
E.g. limitation of liability applies to vessels.

Not everything that floats on the water is a vessel..\ Evansville &. Bowling Green Packet Co. (p. 59) wharf boat not a vessel for limitation purposes. Keys Jet Ski, Inc. v. Kays (p. 61) Jet ski is a vessel for limitation purposes.

How about a surfboard?

DeLovio v. Boit
What was the issue? English courts had restricted the jurisdiction of Admiralty over maritime insurance contracts.
Writs of prohibition designed to protect the parties rights to jury trial in common law courts over issues of construction of maritime contracts.

Contracts are written on land to be performed on land.

Delovio v. Boit (contd)

What was the policy reason for having admiralty jurisdiction over marine insurance contracts? What would have been the alternatives? The role of Lloyds of London and maritime insurers.

Problem 7 p. 80
Policy on motorboat includes theft coverage. Motorboat is laid up on land in the backyard. If boat is stolen, is there admiralty jurisdiction over the resulting insurance claim? Who wants admiralty jurisdiction and why? Could the suit have been brought in state court?

The Admiral Peoples (p. 80)

Passenger slipped on gangplank. Why did it make a difference if admiralty jurisdiction was present? What are the policies that lie behind the courts decision? Court focuses on physical attribute that generates the policy issue.

Gutierrez v. Waterman SS Co. p. 82

Longshoreman slipped on beans improperly stowed by shipboard personnel. Why did plaintiff want admiralty jurisdiction? Extension of Admiralty Jurisdiction Act 46 U.S. C. 740.
Does it cover injury not done directly by a ship?

What policy of admiralty jurisdiction applies?

Jerome B. Grubart, Inc. v. Great Lakes Dredge and Dock

Action related to 1992 Chicago flood. Why did the plaintiff want admiralty jurisdiction? What were the touchstones used by the court? How do these relate to the policies of admiralty law?

U.S. Admiralty Jurisdiction Contracts

Contracts directly and intimately related to operation of a vessel and navigation.
Mixed contracts also covered where nonadmiralty part is incidental or severable.

How about some examples.

Contracts for repairs of vessels?

Traditional English Doctrine work contracted to be done on navigable tidewaters is maritime on land not. North Pacific SS Co. v. Hall Bros. contract for repairs to vessel to be hauled out of the water held a maritime contract. Contrast contract for the building of a vessel non-maritime contract. What is the difference in terms of policy?

Contracts relating to seamen.

Seamens employment is a maritime contract.
Seamen are the wards of admiralty.

Contract for the provision of medical services to injured/sick seamen?

Contracted and performed on land.

Kossick v. United Fruit Co. dispute about sufficiency of maintenance and cure in admiralty jurisdiction - guarantee of performance of Public Health Hospital. How about a malpractice claim by the seaman against a doctor at the hospital?

Borderline Contracts..
Contracts related to maritime contracts, leading up to maritime contracts, etc., are often not maritime.
Preliminary contract doctrine. Charter brokerage, insurance brokerage, agency agreements.

No per se rule depends on the nature and subject matter of the contract. Shipping Financial Services Corp. v. Drakos. (p.71) claim by charter broker for commission not maritime.

Mixed Contracts.
Contracts for both maritime and non-maritime services. Non-maritime services must be insignificant to preserve admiralty jurisdiction.
Can they be separated?

Inbesa America, Inc. v. M/V Anglia nonmaritime cargo services significant no admiralty jurisdiction. Why is admiralty jurisdiction so important in cases like this?

Admiralty Jurisdiction Tort

Tort committed on navigable waters. Extended to tort claims for damages caused by vessels on navigable waters but done or consummated on land. In addition to special statutory admiralty jurisdictions which will be discussed in connection with the substantive claims involved.
E.g. Jones Act etc.

How far does it go?

Does admiralty jurisdiction include pleasure boats in marinas or on lakes. Navigable waters = yes, but how about relationship to maritime commerce?
Substitute for tides rule?

H20 Houseboat Vacations v. Hernandez (p. 99) accident on houseboat on Lake Havasu not in admiralty jurisdiction. Why was someone seeking to bring this case in the admiralty jurisdiction?

Generalized test..
Two prong test. Prong 1 did tortious conduct occur on navigable water or was injury caused by vessel on navigable water. Prong 2 did incident have potentially disruptive effect on maritime commerce and did the general character of the activity bear a substantial relationship to traditional maritime activity. McClenahan v. Paradise Cruises (p.102) claim against SNUBA operator fell within admiralty jurisdiction.

What does admiralty subject matter jurisdiction mean?

Court has power to entertain the case when sole basis of jurisdiction is admiralty. Court has power to employ special admiralty remedies such as:
Limitation, in rem procedure

Overlapping Jurisdiction
Dispute may be also within the jurisdiction of a non-admiralty court. Not so important in countries where admiralty jurisdiction is exercised by the same courts that handle regular cases e.g. France, Germany. Important in England and US where admiralty courts and process are separate and different.

Savings clause Provides that where there is common law jurisdiction and a common law remedy is sought maritime related claims otherwise within the admiralty jurisdiction may be asserted at common law. State courts or federal courts via diversity.
Maritime claim does not give rise to federal question jurisdiction.

The difference?
Common law cases do not have benefit of in rem process, limitation of liability, or other admiralty processes.
May be able to get a conventional attachment Must be able to identify and serve opposing party.

Maritime law is applied as applicable. Jury trial is available.

The result American federalism, the creation of an exclusive admiralty jurisdiction in the Federal Courts, and the difference between Admiralty procedure and other civil procedure (particularly jury trial) make American admiralty law particularly complex compared with the admiralty law of other modern nations.

Physical Jurisdiction of a particular Admiralty Court Arrest of vessel physical presence of vessel in port of country to assert jurisdiction.
Arrest Convention of 1952 recognizes right of arrest. Admiralty claims related to arresting jurisdiction, voyage in question, collision can be tried there.

Jurisdiction other than in rem In personam jurisdiction based on minimum contacts of person with country to assert jurisdiction. Quasi in rem for in personam claim where vessel or assets is in port of country based on presence of vessel or other assets but if owner defends judgment in excess of value of assets possible.

We will go into these complexities repeatedly as this course progresses.