Read e-book online Admiralty and Maritime Law PDF
By Thomas Schoenbaum, Jessica McClellan
This can be the 2016 pocket half replace for Schoenbaum's Admiralty and Maritime legislations, fifth, Hornbook sequence.
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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. App’x 16 (2d Cir. 2015). In Patterson v. 3d ___, 2016 WL 3254605 (5th Cir. 2016), the Fifth Circuit affirmed the dismissal of a complaint for personal injury filed in Louisiana against a Norwegian company for an incident that occurred off the coast of Russia. The court held that the 2defendant’s limited contacts with the United States, consisting wholly of eleven employee secondment agreements, were insufficient to satisfy due process concerns.
App’x 846 (11th Cir. C. § 30509. The Eleventh Circuit affirmed dismissal of an action brought by the estate of a cruise ship passenger against the operator of a cruise ship on which the passenger died after contracting an infection. The dismissal was made on the basis of the forum-selection clause in the passage contract, which provided that all personal injury claims were to be litigated in the courts of England and Wales and be governed by English law. In affirming the dismissal, the Eleventh Circuit found the forum-selection clause was not contrary to public policy and that its terms were reasonably communicated to the passenger.
The court ruled that the district court had authority, even after ruling that the claims involved were subject to arbitration, to apply the “hollow formality” test to assess whether the seaman’s request for preliminary injunctive relief for maintenance and cure in the United States should be granted. In Vasquez v. 3d 1192 (11th Cir. 2012), the plaintiff seaman filed suit in a Florida court and his action was dismissed based on Florida’s doctrine of forum non conveniens. Vasquez then filed suit in federal court, praying for damages based on the Jones Act, unseaworthiness and failure to pay maintenance and cure.
Admiralty and Maritime Law by Thomas Schoenbaum, Jessica McClellan