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Introduction. II. Background: Five Conceptual And Analytical Tools. A. The Seaman's Trilogy. B. The Distinction Between Compensatory and Punitive Damages. C. The Distinction Between Pecuniary Compensatory Damages and Non-Pecuniary Compensatory Damages. D. The Two Types of Fatal-Injury Litigation. E. The Distinction Between Causes of Action and Remedies. III. A Short Version Of The Maritime Punitive Damages Story. IV. An Analysis Of Miles. A. The Holdings and Reasoning of Miles. 1. Facts and Holding: Punitive Damages Were Not at Stake. 2. The Plaintiff's Two Causes of Action. 3. The Plaintiff's Two Fatal-Injury Remedies. B. Refuting the Revisionist Version of Miles. 1. Punitive Damages Are Easily Characterized as Pecuniary. 2. Miles Does Not Rule Out All Non-Pecuniary Damages For Seam...
The focus is on updating and modernizing the existing legal regimes that govern the carriage of goods,11 filling in some of the gaps that have been identified in practice over the years,12 and harmonizing the governing law when possible.13 Indeed, several proposals to deal with more revolutionary subjects, or at least subjects in which harmonization would have been difficult, were abandoned precisely so that the Working Group could in fact complete the project and address the core issues.14 In the United States today, the governing legal regime is the 1936 Carriage of Goods by Sea Act (COGSA),15 which is, for the most part, simply the domestic enactment of the 1924 Hague Rules.16 Updating and modernizing are particularly necessary when a law drafted over 85 years ago still regulates an ...
The Department of the Navy (DoN) is amending its (72 COLREGS), to reflect that the Deputy Assistant Judge Advocate General (DAJAG) (Admiralty and Maritime Law) has determined that USS ANCHORAGE (LPD 23) is a vessel of the Navy which, due to its special construction and purpose, cannot fully comply with certain provisions of the 72 COLREGS without interfering with its special function as a naval ship. The intended effect of this rule is to warn mariners in waters where 72 COLREGS apply.
In response to the April Deepwater Horizon rig accident in the Gulf of Mexico, which resulted in the largest offshore oil spill in U.S. history, federal legislation has been introduced calling for the elimination of or dramatic changes to the Limitation of Liability Act of 1851 (the "Act"). Many politicians and other groups argue that the 150-year-old law applicable to vessel owners is archaic and unfair to parties injured in serious maritime casualties.
Growing up, there were two things Carolyn M. Latti loved doing: sailing and working at her father's law firm. From the time she was a young girl until she was 18, Latti spent several weeks each summer learning and then later teaching how to sail at a camp on Cape Cod in Massachusetts. Once she started college, she spent her vacations and breaks working for her father, a personal injury lawyer who specialized in maritime law. Latti would run errands, answer the phones, make copies and do whatever else she could around the office.
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