In recent years, a non historical conspiracy theory has been used by tax protests, that is, a U.S. Court holding a U.S. flag with fringe stripes is actually a department of the Navy court, so it has no jurisdiction. The court has repeatedly dismissed it as understatement. 1 in United States v. In the Greenstreet case, the court concluded its findings on this argument. Unfortunately, for the defendant Greenstreet, decoration is not the determining factor of jurisdiction.
According to the doctrine known as anti eriedoctrine, state courts hearing maritime or maritime cases must apply maritime and maritime law, even if it conflicts with state law. The eriedoctrine, from Erie rail road Co. v. Tompkins, directed that federal courts hearing state litigation must apply state law. The principle of reverse rebuttal indicates that state courts must apply the laws of the Federal Department of the navy to hear cases of the Department of the Navy. In some cases, this distinction is crucial.
For example, American maritime law recognizes the concept of joint and several liability in joint and several liability, while many states do not. Under joint and several liability, if two or more persons cause a single injury or loss, even if they only contribute a small amount of money, all persons shall be equally liable. Even if the concept is not considered in state law, the principle of joint and several liability will be required in state courts hearing cases from the Department of the Navy.
One of the unique aspects of maritime law is the ability of shipowners to limit their liability to the value of the ship after a major accident. An example of using imitation law is the sinking of RMS in 1912. Although the Titanic has never been to the United States, after the sinking, the owners were eager to file a lawsuit in the federal court of New York, demanding the limitation of liability The statute of limitations provides that if an accident occurs due to circumstances unknown or unknown to the shipowner, the shipowner may limit his liability to the value of the ship after sinking.
After the sinking of the Titanic, there were only 14 lifeboats left, with a total value of about $3000. This was added to the pending freight, which means that the total liability for passenger fares and freight expenses3 the ship receives from the journey is approximately $91000. The cost of a first-class living room package is more than $4350. The owners of the Titanic successfully proved that the sinking took place without their intimacy and knowledge, so the families of the dead passengers and the surviving passengers who lost their personal property could only receive the 91000 dollars.
Another example is when Transocean filed a lawsuit against the United States. In 2010, the Southern District Court of Texas limited its liability to an interest in Deepwater Horizon only, with a value of $26764083. This is due to billions of dollars in debt due to the Deepwater Horizon oil spill after the sinking.
The statute of limitations is not only applicable to large ships. It can be used to exempt the owner of a motorboat from liability when he lends his boat to another person in the event of an accident. Evenjet skiers have been able to successfully invoke the statute of limitations to save themselves from liability Grubart v. Great Lakes drainage and dock company is an unusual case in which a vessel driving piles on the Chicago River pierced a tunnel and flooded many underground areas of the city in 1992. The court ruled that the ship was within the navigable waters covered by the limitation clause of maritime law.
In international trade, the claim for damage of goods transported by ocean carriers into and out of the United States is governed by the law on the carriage of goods by sea (COGSA) promulgated by the Hague Rules of the United States. One of its main features is that the carrier is liable for damage from hook to hook (from loading and unloading to unloading), unless it is exempt from liability under 17 exceptions (such as God’s act, the inherent nature of the goods, errors). Navigation and management of ships. Owners generally have the right to limit their liability to $500 per package unless the value of the contents is disclosed and indicated on the container. There are a large number of lawsuits for a package deal to determine COGSA liability. This led to a large number of ongoing lawsuits in the United States. However, the U.S. federal court was reluctant to treat shipping containers as a separate COGSA package. The limitation period for cargo claims is one year.
There are three possible sources of compensation for seafarers injured on board: the principle of maintenance and cure, the doctrine of unseaworthiness and the Jones Act. The principle of maintenance and cure requires the shipowner to not only pay the medical expenses of the injured seafarer until the maximum medical recovery (MMR), but also provide basic living expenses until the voyage is completed, even if the seafarer is no longer on board. Unless he is injured due to his intentional fault, the seafarer is entitled to the right to maintain and cure. In some ways, it is similar to workers’ pay. If the ship or any equipment of the ship is not navigable, resulting in a certain degree of defects, the ship owner shall be liable for the theory that the ship is injured and not navigable The Jones Act allows a sailor, or a sailor subject to his limitations, to sue the infringed shipowner for personal injury or wrongful death at the trial of a jury The Jones Act incorporates the federal employers’ Liability Act (FELA), which governs injuries to railway workers, similar to the coal miners act. The liability of shipowners to seafarers is the same as that of railway operators to employees injured by the negligence of their employers. The limitation period is three years.
Not every worker injured on board is a crew member entitled to the protection, unseaworthiness doctrine and the principle of maintenance and cure provided for in the Jones Act. To be considered a seafarer, workers usually have to spend 30% or more of their working time on specific vessels or fleets that have or have joint ownership or control. With a few exceptions, all non seafarer workers injured in navigation are protected by the long island and port workers compensation act, 33 u.s.c.901950, which is another form of workers compensation.