Download Admiralty and Maritime Law by Thomas Schoenbaum, Jessica McClellan PDF

By Thomas Schoenbaum, Jessica McClellan

This can be the 2016 pocket half replace for Schoenbaum's Admiralty and Maritime legislation, fifth, Hornbook sequence.

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By Thomas Schoenbaum, Jessica McClellan

This can be the 2016 pocket half replace for Schoenbaum's Admiralty and Maritime legislation, fifth, Hornbook sequence.

Show description

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2015). ŠŠŠPROTECTION AND WELFARE � 4–4ŠŠŠŠŠŠWages In McLaughlin v. 2d 179 (D. Mass. 2012), the court interpreted the provisions of the Fair Labor Standards Act (FSLA) exempting seamen. The court ruled that the meaning of the seamen exemption cannot be determined by reference to the Jones Act but must be read in the light of the regulations promulgated by the US Department of Labor. The court concluded that the persons involved, deckhands and galley attendants employed on Boston Harbor cruises were seaman and thus exempt from the FSLA overtime requirements.

2013). In Lu Junhong v. 3d 805 (7th Cir. 2015), passengers on an airplane that crashed into a seawall before landing brought an action against the airplane manufacturer in state court, which the manufacturer removed to federal court. The district court remanded the action to state court for lack of subject matter jurisdiction (2013 WL 6633075). On appeal, the Seventh Circuit reversed holding as follows: (1) the manufacturer was not “acting under” the authority of a federal officer in certifying its compliance with Federal Aviation Administration regulations; (2) an order to remand to state court due to lack of federal jurisdiction under the statute permitting removal of a case brought against a federal officer or agency, which is reviewable on interlocutory appeal, permits review of the remand order itself, including all legal issues entailed in the decision to remand; (3) it was possible for the manufacturer to show that the crash was caused by, or became inevitable because of, events that occurred over navigable water, as required for federal admiralty jurisdiction; (4) airplane flight that crashed bore a significant relationship to a traditional maritime activity, as required for it to be 3considered a maritime activity subject to federal admiralty jurisdiction; and (5) passengers of airplane that crashed could have filed their action in federal district court, and thus, manufacturer was entitled to remove it to federal court.

1–3ŠŠŠŠŠŠNavigable Waters: The Locality Aspect of the Jurisdiction In PPL Montana, LLC v. Ct. 1215 (2012), the Supreme Court of the United States decided a landmark case on the topic of “navigability”, ruling that the Montana Supreme Court erred by discounting the “segment by segment” basis for determining the navigability of a river. The court clearly distinguished between title navigability under the “Equal Footing Clause” of the US Constitution and navigability as a regulatory concept. The court ruled that while the Equal Footing doctrine is rooted in the Constitution, the related “public trust” doctrine is a matter of state law.

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