Supreme Court Docket Report - February 21, 2012

Keywords: admiralty, maritime jurisdiction, maritime lien

Federal Admiralty Jurisdiction—"Vessel" Status

On February 21, 2012, the Supreme Court granted certiorari in one case of interest to the business community

Article III, Section 2 of the Constitution extends the judicial power of the United States "to all Cases of admiralty or maritime Jurisdiction." Congress, in turn, has granted federal district courts exclusive original jurisdiction over admiralty and maritime cases. 28 U.S.C. § 1333. An in rem admiralty proceeding must be based on a maritime lien, a property right that only attaches to a "vessel," see 46 U.S.C. § 31342. Under 1 U.S.C. § 3, "[t]he word 'vessel' includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water." Today the Supreme Court granted certiorari in Lozman v. City of Riviera Beach, Florida, No. 11-626, to address the scope of this definition