Share on LinkedInShare on LinkedIn

ARTICLE · 03 MAY 2019

Duck Boat Owners Avoid Seeking Limitation, Ducking Potential Exposure To Punitive Damages

Wilson Elser Moskowitz Edelman & Dicker LLP
Explore more from Wilson Elser Moskowitz Edelman & Dicker LLP

"Sisson [the vessel owner] has also argued throughout this litigation that the [Limitation Act] provides an independent basis for federal jurisdiction. Respondents contend that the Act

United StatesTransport

"Sisson [the vessel owner] has also argued throughout this litigation that the [Limitation Act] provides an independent basis for federal jurisdiction. Respondents contend that the Act does not create jurisdiction, but instead may be invoked only in cases otherwise within the maritime jurisdiction of [28 U.S.C.] § 1333(1). We need not decide which party is correct, for even were we to agree that the [Limitation Act] does not independently provide a basis for this action, § 1333(1) is sufficient to confer jurisdiction." Sisson v. Ruby, 497 U.S. 358, 359 n.1 (1990).

Whether to seek to apply general maritime law to an incident is not always obvious and the consequences can be even less apparent. For example, when confirming arrangements for a hearing in the King County Superior Court in Seattle, Washington, on an unrelated tour bus case, I learned a verdict was about to be read in a nearby courtroom after a months-long trial had ended in February. The case, brought on

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

See more popular content from