Maritime Law
Archived Posts from this Category
Maritime Law #4: Recovery of Non-Pecuniary Damages (with Prof. Force) Wednesday, Jan 31 2007
Marc Montgomery and Maritime Law and Tulane University Law School 8:19 pm
If you have taken civil procedure or listened to one of Neil’s podcasts on the subject, you may be familiar with the Erie doctrine. In matters of admiralty law, the reverse Erie doctrine applies; common law is created by the federal judiciary. Such federal common law rules are even binding on state courts hearing an admiralty case. Professor Robert Force, the founding director of the Maritime Law Institute at Tulane University Law School has written several articles on how a 1990 Supreme Court case has affected maritime wrongful death and personal injury actions. Specifically, the Court in Miles v. Apex Marine Corp. held that prohibitions against the recovery of non-pecuniary damages in statutorily created personal injury and wrongful death actions also applied to actions under general maritime law (read federal common law). In this episode, I interview Professor Force, who provides some background on the judicial landscape of maritime tort actions as well as his analysis of the Miles decision.
Miles v. Apex Marine Corp.Â
Maritime Law #3: Maritime Lien Wednesday, Aug 30 2006
2L/3L and Marc Montgomery and Maritime Law 3:20 am
When is a lien not a lien? When it’s a maritime lien. In this episode, the final one for this maritime mini-series, Marc will discuss the basis for the maritime lien and how this peculiarity of maritime law has provided a home for the antiquated legal procedure of in rem action.
Maritime Law #2: Limitation of Liability Wednesday, Aug 30 2006
2L/3L and Marc Montgomery and Maritime Law 3:19 am
Imagine that your liability for any accidents you caused while driving was limited to the value of your car, specifically the value of the car after the wreck! In this episode Marc discusses the maritime action for Limitation of Liability.
Oceanic Steam Nav. Co. v. Mellor
State of Oklahoma v. Magnolia Marine
Maritime Law #1: Salvage Doctrine Wednesday, Aug 30 2006
2L/3L and Marc Montgomery and Maritime Law 3:17 am
In this first of three maritime episodes, Marc Montgomery examines the doctrine of maritime salvage. A review of the largest maritime salvage award in U.S. history provides some background to the origin and purpose of the salvage doctrine, and how in the United States, salvage awards are calculated through the application of the Blackwall factors.