Transcription of Admiralty and Maritime Law - Public.Resource.Org
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Admiralty and Maritime Law - Public.Resource.Org
Admiralty and Maritime LawRobert ForceNiels F. Johnsen Professor of Maritime LawCo-Director, Tulane Maritime Law CenterTulane Law SchoolFederal Judicial Center 2004 This 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 1 Introduction 1 Admiralty Jurisdiction in Tort Cases 3 Navigable Waters of the United States 3 The Admiralty Locus and Nexus Requirements 5 Maritime Locus 5 The Admiralty Extension Act 6 Maritime Nexus 6 Admiralty Jurisdiction in Contract Cases 9 Mixed Contracts 11 Multiple Jurisdictional Bases 12 Rule 9(h) of the federal Rules of Civil Procedure 12 Multiple Claims 12 The Saving to Suitors Clause 18 Admiralty Cases in State
the Ship Mortgage Act,3 the Death on the High Seas Act,4 the Suits in Admiralty Act,5 the Public Vessels Act,6 the Outer Continental Shelf Lands Act,7 and the Oil Pollution Act of 1990.8 By contrast, the Car-riage of Goods by Sea Act9 and the Federal Maritime Lien Act10 make no reference to admiralty jurisdiction. The Jones Act provides an ac-
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