All the good stuff - the meaty pleadings - was left out. The pdf in the OP is just housekeeping.
All the interesting pdf files are attached, publicly available for a few dollars at pacer. These are the core filings in the federal case.
4:17-cv-10050-JLK In Re: Horizon Dive Adventures, Inc.
James Lawrence King, presiding
Date filed: 05/23/2017
Date of last filing: 08/25/2017
Admiralty law, what an interesting topic. With roots in the Declaration of Independence the historical development of this area of law is fascinating.
Horizon wants to limit its liability, just like the folks below - right?
- In the Matter of the Complaint of Spirit Cruises, LLC as Owner of the M/V SPIRIT OF BALTIMORE for Exoneration from or Limitation of Liability. Civil Action No. ELH-16-4097.
- The Lewis Court observed, 531 U.S. at 448: "Some tension exists between the saving to suitors clause and the Limitation Act [because one] statute gives suitors the right to a choice of remedies, and the other statute gives vessel owners the right to seek limitation of liability in federal court." As stated in In re Lyon Shipyard,91 F. Supp. 3d 832, 839 (E.D.V.A. 2015): "The tension between the savings to suitors clause and the Limitation of Liability Act is apparent, because one gives plaintiffs the right to choose their remedy, including, as here, a suit in state court, while the other allows a shipowner to avail itself of the federal courts to limit liability."
What other goals might Horizon and Dan have, other than limitation of liability in their federal case?
And how interesting would it be, should this case go to trial and decision? In the federal case, there is no right to a jury trial. A rather great "concursus" is at hand.
If you have trouble sleeping you may wish to read
Langnes v. Green, 282 US 531 - Supreme Court 1931, is interesting reading, particularly the cases where it is cited.
The objective of admiralty law?
Chief Justice Taft in Hartford Acc. & Indem. Co. of Hartford v. Southern Pac. Co., 273 U.S. 207, 214 (1927):
[T]he great object of the statute was to encourage shipbuilding and to induce the investment of money in this branch of industry by limiting the venture of those who build the ships to the loss of the ship itself or her freight then pending, in cases of damage or wrong happening, without the privity, or knowledge of the shipowner, and by the fault or neglect of the master or other persons on board. . . .
Perhaps one or more of the esteemed attorneys on the board might throw their opinion into the ring?
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Article III
Section 2. 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 which the United States shall be a party;--to controversies between two or more states;--between a state and citizens of another state;-- between citizens of different states;--between citizens of the same state claiming lands under grants of different states, and between a state, or the citizens thereof, and foreign states, citizens or subjects. In all cases affecting ambassadors, other public ministers and consuls, and those in which a state shall be party, the Supreme Court shall have original jurisdiction. In all the other cases before mentioned, the Supreme Court shall have appellate jurisdiction, both as to law and fact, with such exceptions, and under such regulations as the Congress shall make. The trial of all crimes, except in cases of impeachment, shall be by jury; and such trial shall be held in the state where the said crimes shall have been committed; but when not committed within any state, the trial shall be at such place or places as the Congress may by law have directed.
28 USC §1331. Federal question
- The district courts shall have original jurisdiction of all civil actions arising under the Con-stitution, laws, or treaties of the United States.
28 USC §1333
- The district courts shall have original jurisdiction, exclusive of the courts of the States, of:
- Any civil case of admiralty or maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled.
- Any prize brought into the United States and all proceedings for the condemnation of property taken as prize.
46 USC §30501
- In this chapter, the term “owner” includes a charterer that mans, supplies, and navigates a vessel at the charterer’s own expense or by the charterer’s own procurement.
- Except as otherwise provided, this chapter (except section 30503) applies to seagoing vessels and vessels used on lakes or rivers or in inland navigation, including canal boats, barges, and lighters.
- If a shipper of an item named in subsection (b), contained in a parcel, package, or trunk, loads the item as freight or baggage on a vessel, without at the time of loading giving to the person receiving the item a written notice of the true character and value of the item and having that information entered on the bill of lading, the owner and master of the vessel are not liable as carriers. The owner and master are not liable beyond the value entered on the bill of lading.
- Except as provided in section 30506 of this title, the liability of the owner of a vessel for any claim, debt, or liability described in subsection (b) shall not exceed the value of the vessel and pending freight. If the vessel has more than one owner, the proportionate share of the liability of any one owner shall not exceed that owner’s proportionate interest in the vessel and pending freight.
U.S. Code: Title 46 - SHIPPING
