Exoneration from Liability versus Saving to Suitors

Friday, March 26, 2004
The U.S. Court of Appeals for the Fifth Circuit ruled that a vessel owner filing a federal action for exoneration from or limitation of liability cannot prevent a state court action from going forward if the state claimant stipulates that: (1) federal jurisdiction controls limitation of liability; (2) he waives any claim of res judicata regarding a state court decision relating to limitation of liability; and (3) he would not seek any judgment or recovery in excess of the limitation fund. The vessel owner contended that, since the Limitation of Liability Act also addresses exoneration from liability, its action prevailed over any state court action regarding liability. The court dismissed the owner’s argument, noting that the Act is not a model of clarity and that such actions are controlled by Supplemental Admiralty and Maritime Claims Rule F, while preserving claimants’ rights under the Savings to Suitors Clause. Only limitation actions, not exoneration actions, are subject to exclusive federal court jurisdiction. In re Tetra Applied Technologies LP, No. 03-30719 (5th Cir., March 24, 2004). (HK Law)
Maritime Reporter March 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

Litigation Can Cost Shipbrokers an Arm & a Leg

A survey of London solicitors by specialist intermediaries insurer ITIC has highlighted the high cost of litigation for shipbrokers and others seeking judgment in the English courts,

Attestation / Endorsement services for seaman in UAE

The Maritime Administration of the United Arab Emirates has introduced services for the attestation of seaman contract and issuance of oil/chemical/gas tanker endorsement.

Concordia Captain Tried to Blame Wreck on Electrical Blackout

The captain of the Costa Concordia tried to persuade the crisis coordinator of the cruise line to pretend an electrical blackout had caused the shipwreck, a court was told on Monday.

Offshore

Med Urals Market Awaits Short May Loading Schedule

Activity in the Russian Urals crude market froze on Tuesday as traders said they were awaiting the first loading dates for May for signs of how much supplies from

BOEM Proposes GoM Oil and Gas Lease Sale

As part of President Obama’s all-of-the-above energy strategy to continue to expand safe and responsible domestic energy production, Bureau of Ocean Energy Management (BOEM) Director Tommy P.

North Sea Traders Eye VLCCs to Asia, Libya Caps

North Sea Forties crude differentials firmed on Tuesday as traders eyed two potential VLCC shipments to Asia, though gains were capped as the first cargo of Libyan

 
 
Maritime Contracts Maritime Security Maritime Standards Navigation Pipelines Pod Propulsion Ship Electronics Ship Repair Shipbuilding / Vessel Construction Winch
rss | archive | history | articles | privacy | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.0911 sec (11 req/sec)