Damages Recoverable in Maritime Matters
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With a unique focus on the damages recoverable in all types of admiralty and maritime matters, this is an invaluable resource for maritime practitioners. Covering maritime damage related statutes, case law, and rules, this comprehensive source book also discusses applicable secondary sources, as well as federal statutes and case law.
Damages Recoverable in Maritime Matters provides a comprehensive source guide to the available damages in all types of maritime case litigated or arbitrated in the United States District Courts, as well as every state, through the Saving to Suitor's Clause. In addition, it includes references to the General Maritime Law of the United States, numerous federal statutes, state statutory remedies, case law, and the Supplemental Rules of Admiralty.
This compendium is written by members of the Admiralty and Maritime Law Committee of the ABA Tort Trial and Insurance Practice Section (TIPS) who are among the leading attorneys practicing admiralty and maritime law in the United States today. The book begins with a discussion of damages recoverable in particular cases, including:
- In collisions, allisions, and other maritime incidents
- By seafarers, to passengers, and under Death on the High Seas Act
- In cargo cases and general average
Subsequent chapters address other critical statutes and topics faced by the maritime law practitioner, including:
- The Longshore and Harbor Workers' Compensation Act
- Salvage awards, towage, and quantum meruit recovery
- Contracts, charter parties, towing, and pilotage
- Maritime toxic exposure claims
- Rule B attachment and Rule C arrest
- Insurance coverage for maritime risks
- Punitive damage awards under general maritime law and ancillary state claims
- Defending damages, apportionment of fault, causation, and limitation actions
- Recreational boating remedies
The law of damages recoverable in maritime matters remains in flux, making this expanded new edition an essential resource for practitioners in the area. Among the developments now covered in this edition are:
- The 30 percent "Rule of Thumb" for seaman status under Chandris, Inc. v. Latsis
- The United States Supreme Court opinion addressing the question of what constitutes a "vessel"
- The 2014 Eleventh Circuit court opinion establishing a cause of action for respondeat superior liability against a cruise liner for the medical negligence of a ship physician
- The unavailability of punitive damages in an unseaworthiness case under Dutra Group v. Batterton
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