Foremost
v Richardson case brief summary
Supreme Court 1982 by
Justice Marshall
Facts:
Two pleasure boats crash.
They are fishing boats
for pleasure.
There’s also a water
ski boat.
A person dies in the
crash.
Rule
- Traditional maritime activity doesn’t have to be a commercial one.
- The Executive Jet test doesn’t mean that the connection with traditional maritime activity is an exclusive commercial one.
- The Executive Jet test applies to all vessels without regard to their commercial or noncommercial nature.
- The party seeking to invoke maritime jurisdiction must show a substantial relationship between the activity giving rise to the incident and traditional maritime activity, but it doesn’t have to be a commercial one.
- The admiralty and maritime jurisdiction of the US shall extend to and include all cases of damage or injury if it had a disruptive impact on maritime commerce
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