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 April 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Legal

BIMCO Welcomes EU Decision on Migrants

BIMCO has stated today that it appreciates the new efforts by EU leaders to reduce increasing reliance on merchant shipping to rescue the growing numbers of

Long Beach, Los Angeles ports host forum to gather input

More than 100 cargo owners, trucking firm leaders, longshore labor, marine terminals and other goods movement industry representatives turned out Wednesday for

Arctic Nations to Fight Climate Change Despite Russia Tensions

The eight Arctic Council nations pledged on Friday to do more to combat climate change that is shrinking the vast frigid region, with countries trying to put

Offshore

Falklands' Oil Drilling at Isobel Deep Suspended

Oil explorers drilling in the waters north of the Falkland Islands have suspended work on the second well of their 2015 current six-well drilling campaign after a technical problem.

Arctic Nations to Fight Climate Change Despite Russia Tensions

The eight Arctic Council nations pledged on Friday to do more to combat climate change that is shrinking the vast frigid region, with countries trying to put

OSV Technology: Notable Designs & Deliveries

Though the market for Offshore Support Vessels (OSVs) is soft, advances in technology, fit and finish in  the sector is unrivaled in any other maritime niche over the past five years.

 
 
Maritime Careers / Shipboard Positions Navigation Pipelines Pod Propulsion Port Authority Ship Electronics Ship Simulators Shipbuilding / Vessel Construction Sonar 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: 0.1219 sec (8 req/sec)