Download Admiralty and Maritime Law by Thomas Schoenbaum, Jessica McClellan PDF

By Thomas Schoenbaum, Jessica McClellan

This can be the 2016 pocket half replace for Schoenbaum's Admiralty and Maritime legislation, fifth, Hornbook sequence.

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V. Grand China Shipping Dev. 3d 488 (2d Cir. 2013), the Second Circuit ruled that federal maritime conflicts-of-law principles are to be used when evaluating the prima facie validity of a party’s alter-ego claim in a maritime dispute. The plaintiff ship owner had entered into a charter party with the defendant for transport of iron ore from Brazil to China on plaintiff’s Liberian-flagged vessel. The charter party included clauses applying English law and providing for arbitration of disputes in London.

3d ___, 2016 WL 3083428 (2d Cir. 2016). 4 � 1–6ŠŠŠŠŠŠWhat Is a Vessel? In Lozman v. Ct. 2d 604 (2013), the United States Supreme Court ruled that a floating home that had no rudder or steering mechanism, that had an unraked hull, and that was incapable of self-propulsion was not a vessel for purposes of admiralty jurisdiction. The petitioner had moored his floating home at a marina owned by the City of Riviera Beach, Florida. After various disputes between the home owner and the city, the city brought an in rem action in federal court seeking a lien on the “vessel”.

D. Cal. 2012), the court in an admiralty case, permitted removal on diversity of citizenship grounds even though one defendant was a citizen of the state but had not been served with process. In Barker v. 3d 208 (5th Cir. 2013), the Fifth Circuit decided the question whether claims under the Outer Continental Shelf Lands Act (OCSLA) may be removed from state court under federal question jurisdiction in the absence of complete diversity. Resolving a split among the district courts on this issue, the Barker case ruled that removal of an OCSLA action is proper even if substantive maritime law may apply.

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