Admiralty in a NutshellIndicia of Jurisdiction; Scope of Maritime Jurisdiction; Substantive Maritime Law: Contracts for Carriage of Goods; Liens on Maritime Property; The Seaman's Employment Contract, Wages and Compromise of Claims; Marine Insurance; Towage and Pilotage; Salvage; General Average; Maritime Tort Law; Collision Law; Worker Injury Claims; Wrongful Death; Platform Injuries; Sovereign Immunity; Joint and Several Liability, Indemnity and Contribution; Limitation of Liability; Jurisdiction and Procedure in Maritime Claims. |
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Page 339
... claim is premised solely upon admiralty common law may not demand trial by jury , there is no constitutional or statutory bar to a jury trial of such claim . If the maritime claim is the only claim before the court , trial by jury is ...
... claim is premised solely upon admiralty common law may not demand trial by jury , there is no constitutional or statutory bar to a jury trial of such claim . If the maritime claim is the only claim before the court , trial by jury is ...
Page 340
... admiralty claim , and both " grow out of a single transaction or accident , " the litigant should be afforded trial by jury of both matters . Fitzgerald v . United States Lines Co. , supra at 193 . One typical case is that of joinder of ...
... admiralty claim , and both " grow out of a single transaction or accident , " the litigant should be afforded trial by jury of both matters . Fitzgerald v . United States Lines Co. , supra at 193 . One typical case is that of joinder of ...
Page 356
... maritime claim brought as an admiralty claim is permitted to " pend " a nonfederal ( state law ) cause of action , the whole case presumably will be tried in federal court without a jury . How- ever , since the " pended " or nonfederal ...
... maritime claim brought as an admiralty claim is permitted to " pend " a nonfederal ( state law ) cause of action , the whole case presumably will be tried in federal court without a jury . How- ever , since the " pended " or nonfederal ...
Contents
In re see name of party | 133 |
Smith 40 | 141 |
Liaw Su Teng v Skaarup Shipping Corp | 151 |
Copyright | |
11 other sections not shown
Common terms and phrases
1984 amendments aboard the vessel action admiralty claim admiralty court admiralty law admiralty power American apply award benefits bill of lading cargo carrier caused choice of law claimant claims arising clause COGSA collision common law Congress contract Corp coverage crew damages defendant diversity jurisdiction doctrine DOHSA duty entitled fault federal court Fifth Circuit high seas injury occurs issue Jones Act claim jurisdiction L.Ed LHWCA liability litigation Longshore maintenance and cure Marine maritime claim maritime common law maritime employer maritime law maritime lien maritime tort maritime worker matter ment Moragne navigable waters negligence operator Outer Continental Shelf permits plaintiff privity Professor of Law provides recover recovery remedy risk rule S.Ct salvage seaman seaman status shipowner shipper statute of limitations stevedore suit supra Supreme Court territorial waters third party tion tortfeasor trial by jury United University unless vessel owner voyage worker's compensation wrongful death