Admiralty and Maritime Law - Public.Resource.Org

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Admiralty and Maritime LawRobert ForceNiels F. Johnsen Professor of Maritime LawCo-Director, Tulane Maritime Law CenterTulane Law SchoolFederal Judicial Center 2004This Federal Judicial Center publication was undertaken in furtherance of theCenter s statutory mission to develop and conduct education programs forjudicial branch employees. The views expressed are those of the author andnot necessarily those of the Federal Judicial ixChapter 1: Jurisdiction and Procedure in Admiralty and MaritimeCases 1Introduction 1Admiralty Jurisdiction in Tort Cases 3Navigable Waters of the United States 3The Admiralty Locus and Nexus Requirements 5Maritime Locus 5The Admiralty Extension Act 6Maritime Nexus 6Admiralty Jurisdiction in Contract Cases 9Mixed Contracts 11Multiple Jurisdictional Bases 12Rule 9(h) of the Federal Rules of Civil Procedure 12Multiple Claims 12The Saving to Suitors Clause 18Admiralty Cases in State Courts 18Admiralty Actions At Law in Federal Courts 18Law Applicable 19Removal 19Sources of Admiralty and Maritime Law 20The General Maritime Law 21Choice of Law: or Foreign 21Procedure in Admiralty Cases 27Special Admiralty Rules 28Types of Actions.

Contributory Negligence and Assumption of Risk in Jones Act and Unseaworthiness Actions 101 Maritime Workers’ Remedies 102 Longshore and Harbor Workers’ Compensation Act 102 Scope of Coverage 102 Remedies Under the LHWCA 106 Dual-Capacity Employers 110 Indemnity and Employer Liens 111 Forum and Time for Suit 111 Offshore Workers’ Remedies 112

  Risks, Assumptions, Assumption of risk