Tuesday, December 31, 2013

Foremost v Richardson case brief

Foremost v Richardson case brief summary
Supreme Court 1982 by Justice Marshall

Two pleasure boats crash.
They are fishing boats for pleasure.
There’s also a water ski boat.
A person dies in the crash.

  • 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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