– CASE LAW
– I. IN GENERAL
– A. General Principles
– B. Relationship to Other Available Remedies
– 1. Traditional Maritime Remedies
– 2. Remedies Provided by Federal Statute
– 3. Remedies Provided by State or Territorial Law
– C. Applicability to Foreign Ships, Seamen, and Occurrences
– 1. In General
– 2. Place of Injury
– 3. Nationality or Ownership of Vessel
– a. In General
– b. Foreign Ownership
– c. Foreign Flag Vessels Owned or Operated by American Interests
– 4. Nationality of Seaman
– 5. Other Factors
– II. PERSONS ENTITLED TO RECOVER
– A. Seamen
– 1. General Principles
– a. In General
– b. Tests for Determining Status as Seaman
– 2. Employed on “Vessel in Navigation”
– a. In General
– b. Status of Vessel
– c. Particular Vessels
– 3. Particular Persons as Seamen
– B. Representatives or Beneficiaries of Seamen
– III. EMPLOYMENT RELATIONSHIP
– A. In General
– B. Particular Persons or Entities as Employers
– C. Injury as Sustained in Course of Employment
– IV. NEGLIGENCE
– B. Vicarious Liability
– 1. In General
– 2. Particular Acts of Crew
– C. Circumstances of Injury
– 1. Assault
– a. In General
– b. Assaults Among Crew and Officers
– 2. Improper Management and Supervision
– a. In General
– b. Particular Acts Supervised
– 3. Medical Care
– 4. Physical Properties of Vessel and Dock
– 5. Other Circumstances
– V. DEFENSES
– A. Seaman’s Acts or Omissions
– 1. Contributory and Comparative Negligence
– 2. Assumption of Risk
– 3. Contributory Negligence and Assumption of Risk Under Particular Circumstances
– B. Release
– C. Limitations of Actions
– 1. Statutory Limitations
– 2. Laches
– D. Collateral Estoppel and Res Judicata
– E. Limitation of Liability
– F. Other Defenses
– VI. DAMAGES
– A. In General
– B. Damages for Personal Injury
– 1. Elements of Damages
– 2. Deductions From Award
– C. Damages for Wrongful Death
– 1. Elements of Damages
– 2. Computation of Award
– VII. PRACTICE AND PROCEDURE
– A. State Court Actions
– B. Jurisdiction
– 1. In General
– 2. Bases of Jurisdiction
– C. Venue
– 1. In General
– 2. Bases of Venue
– 3. Forum Non Conveniens
– D. Election of Alternative Remedies
– 1. In General
– 2. Electing Particular Remedies
– F. Pleadings and Motions
– 1. Complaint
– 2. Answer
– 3. Motions
– G. Removal and Remand
– H. Discovery
– I. Jury
– 1. Right To Jury Trial
– 2. Submission of Issues
– J. Evidence
– 1. In General
– 2. Plaintiff’s Burden of Proof
– 3. Defendant’s Burdeon of Proof
– 4. Admissibility of Evidence