Choice of Law
The following are digests and case links to
Circuit Court Admiralty Cases that have as an issue choice of law:
Calhoun
v. Yamaha Motor Co.
Third Circuit Court of Appeals
June 23, 2000
Admiralty Jurisdiction: the court had
admiralty jurisdiction over a collision between a jet ski and an anchored
vessel in Puerto Rican territorial waters, thus federal choice of law principles
apply; Choice of Law: application of those principles results in
the choice of Pennsylvania law to determine compensatory damages and Puerto
Rican law to determine punitive damages; federal maritime law principles,
however, apply in determining the liability of the defendant in this admiralty
action for the death of a non-seaman brought pursuant to a state wrongful
death/survival statute.
Karim
v. Finch Shipping
Fifth Circuit Court of Appeals
September 5, 2001
Procedure (Jurisdiction)/Limitation of
Liability: the shipowner waived its
jurisdictional defense where it voluntarily provided the district court
in
rem jurisdiction by commencing the limitation proceeding and placing
the res, or the bond, in the hands of the court, and where it invoked
the powers of the court to require the plaintiff seaman to halt his proceeding
in another forum and to file in the limitation action;
Procedure (Forum
Non Conveniens): the relevant private and public interest factors under
Gulf Oil/Piper Aircraft, such as Plaintiff receiving medical treatment
in the United States, evidence and testimony being easily accessible in
this forum, counsel for both parties being based in this forum, and the
fact that United States limitation law applied, weighed against dismissal;
Choice
of Law: the district court did not err in making a determination of
quantum of personal injury damages under Bangladeshi law by applying English
and Indian precedent since experts informed the court that Bangladeshi
courts would look to Indian and British cases for guidance where their
precedents were lacking; Damages (Prejudgment Interest): the award
of prejudgment interest is discretionary (both under Bangladeshi and United
States law) and the district court did not abuse its discretion in setting
the initial date of the interest accrual to be the date the limitation
action was reactivated in federal court, rather than the date of injury.
Solano
v. Gulf King 55
Fifth Circuit Court of Appeals
June 5, 2000
Choice of Law: Nicaraguan law applies
to plaintiffs' personal injury claims where: (1) the claims arose on shrimping
vessels operated exclusively in the territorial waters of Nicaragua, (2)
the plaintiffs were all Nicaraguan citizens and residents, and (3) the
employment contracts were entered into in Nicaragua; the law of the flag
and the national allegiance of the defendants Lauritzen-Rhoditis
factors, which supported application of American law, would be discounted
in this case where the shrimping vessels operated exclusively in
NIcaraguan waters and were more analogous to fixed drilling platforms than
vessels in traditional maritime commerce.
HIH
Marine Services, Inc. v. Fraser
Eleventh Circuit Court of Appeals
May 19, 2000
Marine Insurance: under the doctrine
of
uberrimae fidei, a material misrepresentation on an application
for marine insurance is grounds for voiding the policy; the insured's misrepresentation
that the insured yacht was in its custody pursuant to a charter party was
considered material since it might have had a bearing on the risk to be
assumed by the insurer, thus the policy was void and the insurer had no
obligation to pay a total loss claim; Choice of Law: American and
Jamaican law on this marine insurance issue are largely congruent, thus
the District Court's decision to apply American law will not be addressed. |