By Thomas Schoenbaum, Jessica McClellan
This Hornbook is a convenient, streamlined one-volume abridgement of the fifth version of Schoenbaum’s entire Practitioners’ treatise on Admiralty and Maritime legislation. The Hornbook covers the basic issues of jurisdiction, admiralty principles and perform, maritime torts, seamen’s treatments, maritime staff’ reimbursement, carriage of products by way of sea in foreign exchange, constitution events, towage, pilotage, salvage, collision and issue of liablility. perfect for college kids and people in need of an creation to this crucial box of legislation, this booklet areas emphasis at the foreign facets of maritime legislations.
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Extra resources for Admiralty and Maritime Law (Hornbook)
Co. v. 3d 258 (5th Cir. 2011), the Fifth Circuit ruled that maritime contracts may validly incorporate terms from a website in the same manner that terms may be incorporated by reference from paper documents as long as the other party is clearly put on notice of the location of the posted clauses. In Grogan v. 3d 376 (5th Cir. 2016), the technician of a safety contractor commenced an action against an offshore pipeline and platform operator and provider of vessel, staff, and equipment, to recover for injuries sustained while on board the provider’s vessel that was being used in support of the operator’s offshore pipeline recommissioning project.
Arbitration was upheld for the personal injury claim of the crewmember of a cruise ship in Yuzwa v. D. Cal. 2012). In Cappello v. D. Fla. 2012), although the plaintiff/seaman’s employment agreement contained an arbitration clause, she was not remitted to arbitration because her employer had not signed the agreement. 24 Arbitration of a seaman’s claims was ordered by the court in Escobal v. , 2012 WL 2947591 (11th Cir. 2012). In Aggarao v. 3d 355 (4th Cir. 2012), the court examined the dismissal by the district court of a seaman’s action alleging Jones Act negligence, unseaworthiness, failure to pay maintenance and cure, and violation of the Seaman’s Wage Act.
D. Fla. 2013), the court reaffirmed the maritime law rule that a cruise line is strictly liable for a crew member’s sexual assault on a passenger. In Franza v. 3d 1225 (11th Cir. 2014), the estate of a cruise ship passenger who allegedly died of injuries sustained while the vessel was docked at a port-of-call brought an action against the cruise line. The estate alleged negligent medical care and treatment, negligent hiring and training, and other claims. The Eleventh Circuit reversed the district court’s dismissal of the complaint finding that the estate pled a plausible medical malpractice claim against the cruise line under the doctrine of respondeat superior; a passenger could sue a shipowner for medical negligence under apparent agency theory, abrogating previous case law; the estate pled a plausible medical malpractice claim against the cruise line under apparent agency theory; and the estate stated a plausible medical negligence claim.