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The "reverse-Erie doctrine" directs that state courts hearing admiralty cases must apply federal admiralty law. This distinction is critical in some cases. For instance, U.S. maritime law recognizes the concept of joint and several liability among tortfeasors, while many states do not. Under joint and several liability, where two or more people ...
The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;—to all Cases affecting Ambassadors, other public Ministers and Consuls;—to all Cases of admiralty and maritime Jurisdiction;—to Controversies to ...
Admiralty law or maritime law is a body of law that governs ... Thomas Jefferson wrote to James Madison proposing that the U.S. Constitution, then under consideration ...
The Commerce Clause is the source of federal drug prohibition laws under the Controlled Substances Act. In a 2005 medical marijuana case, Gonzales v. Raich, the U.S. Supreme Court rejected the argument that the ban on growing medical marijuana for personal use exceeded the powers of Congress under the Commerce Clause.
The Death on the High Seas Act (DOHSA) (46 U.S.C. §§ 30301–30308) is a United States admiralty law enacted by the United States Congress in 1920. The Act (often referred to as DOHSA) functions as a wrongful death statute, providing a cause of action for surviving family members when an individual dies as a result of a wrongful act or disaster in international waters. [1]
That said, Brennan also believes that it’s most likely the company will seek a pretrial settlement, although Grace Ocean could face additional liabilities under federal admiralty and ...
Aviation law, however, is not in the United States held under the same federal mandate of jurisdiction as admiralty law; that is, while the United States Constitution provides for the administration of admiralty, [citation needed] it does not provide such for aviation law. States and municipalities do have some indirect regulation over aviation.
The seaman-plaintiff is entitled to a jury trial, a right not afforded in maritime law absent a statute authorizing it. Under the Jones Act, maritime law has a statute of limitations of three years, meaning that seamen have three years from the time the injury occurred to sue. If an injured seaman does not sue within that period, their claim ...