Admiralty Law

1 unit

Shipowners may petition an admiralty court to limit the total amount of their liability in the event of a maritime casualty, a right given to no other type of defendant. The owners of the Titanic did so, as did the owners of the Deepwater Horizon (to name only two maritime disasters, both of which have been the subject of movies). This course will deal with the reasons why the right exists, why it would be difficult to repeal despite its sometimes distasteful consequences, how it is litigated in the United States, and how it works in the rest of the world, where most countries are party to an international treaty that confers the right on shipowners. Limitation suits are routinely commenced as a means of forum selection after a maritime casualty: a shipowner, the potential liability defendant, may choose the forum in which claims must be brought by filing a limitation suit. The course will also deal with how that forum selection is effective domestically, forcing claimants into federal court, and internationally, forcing claimants to bring their claims in the country of the shipowner's choice. Grades will be based on a take-home exam.