By Thomas Schoenbaum, Jessica McClellan
This Hornbook is a convenient, streamlined one-volume abridgement of the fifth version of Schoenbaum’s complete Practitioners’ treatise on Admiralty and Maritime legislation. The Hornbook covers the basic themes of jurisdiction, admiralty ideas and perform, maritime torts, seamen’s treatments, maritime employees’ repayment, carriage of products by means of sea in overseas exchange, constitution events, towage, pilotage, salvage, collision and challenge of liablility. perfect for college students and people short of an advent to this crucial box of legislations, this booklet areas emphasis at the overseas points of maritime legislation.
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Additional resources for Admiralty and Maritime Law (Hornbook)
2013), residents of India who worked as cabin stewards on a passenger cruise line brought a putative class action against the cruise line’s foreign corporate operator and foreign union, asserting a hybrid claim against the operator for breach of collective bargaining agreement and violations under the Seaman’s Wage Act, a hybrid claim against the union for breach of its duty of fair representation under the National Labor Relations Act, and a non-hybrid claim against the union for breach of duty of fair representation.
A “tension leg” platform attached to the seafloor in the Gulf of Mexico is not a “vessel”. Mooney v. D. La. 2013). � 1–9ŠŠŠŠŠŠContinental Shelf Operations In Pacific Operators Offshore LLP v. Ct. Ed. 2d 675 (2012), the Supreme Court ended a split of authority among the Circuits, holding that the Outer Continental Shelf Lands Act (OCSLA) extends coverage to an employee who is injured on land if he can establish a substantial nexus between his injury and his employer’s extractive operations on the outer continental shelf.
In Cargill, Inc. v. D. La. 2012), the court posited that the general maritime law recognizes the tort of negligent misrepresentation as well as the tort of fraudulent misrepresentation. But the court ruled that only the tort of negligent misrepresentation survived the defendant’s motion to dismiss. � 3–3ŠŠŠŠŠŠCausation In an important decision, the Fifth Circuit ruled, in an action filed by Hurricane Katrina flood victims against private companies that operated dredging vessels along the Mississippi Gulf Outlet pursuant to contracts with the US Army Corps of Engineers, that the plaintiffs failed to establish that the resultant harm was reasonably foreseeable, and thus the plaintiffs failed to establish a proximate causal connection between any negligent acts and their damages.