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

By Thomas Schoenbaum, Jessica McClellan

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

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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.

2011) and Fairest-Knight v. 3d 94 (1st Cir. 2011). In Chaparro v. 3d 1333 (11th Cir. 2012), the court upheld a claim for damages for emotional distress under the “zone of danger” rule. The Fifth Circuit ruled that, under general maritime law, a liquidated damages provision in a maritime contract may be enforceable in Int’l Marine, LLC v. 3d 350 (5th Cir. 2013). In Barker v. 3d 208 (5th Cir. 2013), the Fifth Circuit held that maritime law does not allow recovery for purely emotional injuries in non-Jones Act cases where the plaintiff was not in the “zone of danger” when a co-worker was fatally injured on a jack-up rig operating on the US Outer Continental Shelf.

3d 527 (4th Cir. 2013). In both cases the attempt to pierce the corporate veil failed. The Fifth Circuit ruled that a liquidated damages provision in a maritime agreement is enforceable according to the standards contained in the Restatement (Second) of Contracts. Int’l Marine, LLC v. 3d 350 (5th Cir. 2013). Basic principles of contract law apply in admiralty. Clevo Co. v. Hecny Transp. 3d 1189 (9th Cir. 2013). In this case, a Taiwan exporter (Clevo) made a contract with the NVOCC (Hecny) to ship computer parts.

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