Damages Recoverable in Maritime Matters - 2nd Edition - Robert L Gardana

Damages Recoverable in Maritime Matters 2nd Edition Robert L Gardana ISBN 9781641055857

Damages Recoverable in Maritime Matters is an indispensable resource for attorneys practicing admiralty and maritime law, offering an authoritative and comprehensive guide to damages in all types of maritime litigation and arbitration. With a distinctive focus on the scope and calculation of recoverable damages, this work synthesizes relevant statutes, case law, and rules while also analyzing secondary sources and federal guidance applicable to maritime disputes.

This compendium provides a detailed roadmap for understanding damages recoverable under both federal maritime law and state law through the Saving to Suitors Clause. It draws on the General Maritime Law of the United States, numerous federal statutes, state statutory remedies, case law, and the Supplemental Rules of Admiralty. Written by leading practitioners from the Admiralty and Maritime Law Committee of the ABA Tort Trial and Insurance Practice Section (TIPS), the book reflects the expertise of attorneys at the forefront of U.S. maritime practice.

The text begins with a thorough examination of damages recoverable in specific maritime contexts, including:

• Collisions, allisions, and other maritime incidents

• Claims by seafarers and passengers, including under the Death on the High Seas Act

• Cargo cases and general average claims

Subsequent chapters cover additional statutes, doctrines, and topics central to maritime practitioners, such as:

• The Longshore and Harbor Workers’ Compensation Act

• Salvage awards, towage, and quantum meruit recovery

• Contractual claims under charter parties, towage agreements, and pilotage contracts

• Maritime toxic exposure claims

• Rule B attachments and Rule C arrests

• Insurance coverage for maritime risks

• Punitive damages under general maritime law and ancillary state claims

• Defense strategies, including apportionment of fault, causation, and limitation of liability actions

• Whistleblower protections

• Remedies in recreational boating claims

This expanded edition addresses key developments and emerging issues in maritime damages, including:

• The 30 percent “Rule of Thumb” for determining seaman status under Chandris, Inc. v. Latsis

• The United States Supreme Court’s clarification on what qualifies as a “vessel”

• The Eleventh Circuit’s 2014 recognition of respondeat superior liability against cruise lines for ship physician negligence

• The limitations on punitive damages in unseaworthiness claims as established in Dutra Group v. Batterton

With maritime law continually evolving, Damages Recoverable in Maritime Matters serves as an essential, up-to-date guide for practitioners seeking authoritative guidance on all aspects of maritime damages, from foundational principles to cutting-edge developments in the field.

Damages Recoverable in Maritime Matters 2nd Edition Robert L Gardana ISBN 9781641055857, 978-1641055857 & 9781641055864

Editor
Robert L Gardana