By Thomas Schoenbaum, Jessica McClellan
This Hornbook is a convenient, streamlined one-volume abridgement of the fifth variation of Schoenbaum’s entire Practitioners’ treatise on Admiralty and Maritime legislation. The Hornbook covers the basic issues of jurisdiction, admiralty ideas and perform, maritime torts, seamen’s treatments, maritime employees’ repayment, carriage of products by way of sea in overseas exchange, constitution events, towage, pilotage, salvage, collision and issue of liablility. excellent for college kids and people short of an creation to this crucial box of legislations, this ebook areas emphasis at the foreign features of maritime legislation.
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The district court denied the classification society’s motion to dismiss on the grounds of forum non conveniens. The society’s petition for writ of mandamus was granted because the district court clearly abused its discretion and reached a patently erroneous result and the defendant had no other way to vindicate its rights. � 3–7ŠŠŠŠŠŠProducts Liability in Admiralty In Oswalt v. 3d 856 (9th Cir. 2011), the court adopted as the applicable products liability formulation in admiralty, the Restatement of Torts (Third), § 2, which provides in relevant part: A product is defective when, at the time of sale or distribution, it contains a manufacturing defect, is defective in design, or is defective because of inadequate instructions or warnings.
In Volumecocomo Apparel, Inc. v. D. Cal. 2012), the court ruled that there was no jurisdiction over a Vietnamese barge carrier that had no contact with California. The Second Circuit affirmed the district court’s dismissal of an action brought by two Indian nationals for injuries incurred while crew members on a vessel when it was hijacked by Somali pirates. Dismissal was based on lack of personal jurisdiction over the primary defendants and on grounds of forum non conveniens. Chirag v. MT Marida Marguerite Schiffahrts, 604 F.
McClellan, Trial Attorney United States Department of Justice, Admiralty and Aviation Section HORNBOOK SERIES® ii The publisher is not engaged in rendering legal or other professional advice, and this publication is not a substitute for the advice of an attorney. If you require legal or other expert advice, you should seek the services of a competent attorney or other professional. S. Patent and Trademark Office. � 2014, 2015 LEG, Inc. d/b/a West Academic � 2016 LEG, Inc. d/b/a West Academic 444 Cedar Street, Suite 700 St.