Written by attorneys · grounded in primary & secondary sources — see below
A specialized body of federal law governing maritime commerce, navigation, and related disputes. It supplies substantive rules for contracts, torts, and property interests arising on navigable waters and procedural mechanisms that differ from ordinary civil actions.
Sources & Authorities
How it applies
Common Examples
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Federal Court Asserts Jurisdiction Over High-Seas Discharge
Captain Leonard Lowe commands a foreign-flagged tanker that allegedly pumps hazardous waste just beyond the territorial sea. Federal prosecutors charge him in district court under an environmental statute. The court denies his motion to dismiss, exercising authority over the maritime offense.
Evidence Rules Govern Admiralty Cargo Suit
Lakeshore Industries sues Lunar Dynamics in federal court after cargo is damaged during an ocean voyage. The defendant objects that certain witness statements are inadmissible. The court applies the Federal Rules of Evidence to resolve the evidentiary disputes in the maritime proceeding.
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Statutes
Federal Rules
Restatements
Casebooks
Hornbooks
Study Supplements
Forum Clause Enforced In Offshore Drilling Contract
Levi Lowe's company charters a vessel under a contract containing a London forum-selection clause. After a storm damages equipment, Lowe sues in a U.S. district court. The court dismisses the action and directs the parties to litigate in the designated foreign forum.
The Bremen v. Zapata Off-Shore Co.407 U.S. 1 (1972)
Piracy Prosecution Reaches Conduct On The High Seas
Leah Lamb, master of a U.S. vessel, is accused of seizing another ship on the open ocean. Prosecutors bring charges in federal district court. The court upholds jurisdiction because the acts constitute piracy under the law of nations.
United States v. Smith18 U.S. (5 Wheat.) 153, 161 (1820)
Economic Loss Claim Barred In Vessel Component Suit
Lotus Pharmaceuticals purchases a defective turbine for its cargo ship. The turbine fails at sea, causing only economic harm with no personal injury or property damage to other cargo. The court dismisses the tort claim, limiting recovery to contract remedies.
East River Steamship Corp. v. Transamerica Delaval, Inc.476 U.S. 858, 106 S.Ct. 2295, 90 L.Ed.2d 865 (1986)
Cruise Ticket Forum Clause Upheld Against Passenger
Lucy Liu purchases a cruise ticket containing a Florida forum-selection clause printed in small type. After suffering injury aboard the ship, she sues in her home state. The court enforces the clause and transfers the case to Florida.
Carnival Cruise Lines, Inc. v. Shute499 U.S. 585 (1991)
Common questions
Frequently Asked
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Does Article III admiralty jurisdiction extend to conduct occurring just outside U.S. territorial waters?+
Yes. The constitutional grant reaches all cases of admiralty and maritime jurisdiction without geographic limitation to territorial seas. Federal courts therefore may adjudicate statutory claims arising from vessel discharges on the high seas when Congress has enacted applicable law.
Supporting sources
Do the Federal Rules of Evidence apply in admiralty and maritime proceedings?+
Yes. The rules expressly govern civil cases and proceedings that include admiralty and maritime matters. Courts therefore apply the same evidentiary standards used in other federal civil actions when resolving disputes arising on navigable waters.
Supporting sources
May a plaintiff who files a maritime cargo claim on the civil docket obtain a jury trial?+
Yes. When the claim is presented as an ordinary civil action seeking money damages and the plaintiff makes a timely jury demand, the constitutional right to a jury applies even though admiralty jurisdiction also exists. The court must honor the demand rather than convert the case to a bench trial.
Supporting sources
131 S. Ct. 1740 (2011)Conflict of Laws
…(“It creates no new legislation, grants no new rights, except a remedy to enforce an agreement in commercial contracts and in admiralty contracts”). As is well known, prior to the federal Act, many courts expressed hostility to arbitration, for example by refusing to order specific performance of agreements to arbitrate.…