Admiralty and Maritime Law: A Comprehensive Guide

48 questions on admiralty and maritime law, answered and cited by the UpLaw editorial team.

• Are cruise-ticket forum-selection clauses and time limits enforceable?
• Are punitive damages available in maritime personal-injury cases?
• Are recreational boating accidents within admiralty jurisdiction?
• Can a defendant remove a maritime claim filed in state court to federal court?
• Can a seaman forfeit maintenance and cure under the McCorpen defense?
• Can a worker who received LHWCA benefits still sue under the Jones Act?
• Can businesses recover pure economic losses from an oil spill?
• Can you sue a ship itself in an in rem action?
• Does an admiralty claim give a right to a jury trial?
• How are competing maritime liens ranked when a vessel is sold?
• How can a single claimant get out of a limitation concursus and back to a jury?
• How is fault allocated when two vessels collide?
• Is a contract to build or repair a ship a maritime contract?
• What are the types of charter parties?
• What counts as navigable waters for admiralty jurisdiction?
• What duty does a cruise line owe its passengers?
• What happens if an employer wrongfully stops paying maintenance and cure?
• What is admiralty and maritime law, and how is it different from ordinary state law?
• What is a Himalaya clause and is it enforceable?
• What is a maritime lien and how does it arise?
• What is a maritime salvage claim and how is the award set?
• What is an unseaworthiness claim?
• What is a Rule 9(h) election and why does it matter?
• What is a Section 905(b) vessel-negligence claim?
• What is a vessel in maritime law?
• What is COGSA and when does it apply?
• What is general average?
• What is maintenance and cure?
• What is OPA 90 and who is liable for an oil spill?
• What is Rule B maritime attachment and garnishment?
• What is Rule C arrest of a vessel?
• What is the 30 percent rule for seaman status?
• What is the COGSA $500 package limitation?
• What is the COGSA one-year suit bar?
• What is the Death on the High Seas Act (DOHSA) and what damages does it allow?
• What is the featherweight causation standard under the Jones Act?
• What is the Jones Act?
• What is the LHWCA and who does it cover?
• What is the Limitation of Liability Act?
• What is the nautical-fault defense in cargo cases?
• What is the safe-berth warranty in a charter party?
• What is the saving-to-suitors clause?
• What is the test for admiralty tort jurisdiction?
• What is uberrimae fidei in marine insurance?
• What law governs a marine insurance dispute?
• What wrongful-death remedies apply for deaths in territorial waters?
• When is a contract a maritime contract?
• Who qualifies as a seaman under the Jones Act?