Legal Opinion

Motts v. M/V Green Wave

Court of Appeals for the Fifth Circuit

Decided May 9, 2000No. 99-40681PublishedCited by 13 opinions

1Opinion of the Court

CYNTHIA HOLCOMB HALL, Circuit Judge:

An unfortunate sea accident and the tragic events that followed it require us to consider the relationship between general federal admiralty jurisdiction and the Death on the High Seas Act (“DOHSA”). We hold that DOHSA applies where the decedent is injured on the high seas, even if a party’s negligence is entirely land-based and begins subsequent to that injury.

I

The decedent, Neville Motts, joined the M/V GREEN WAVE as Chief Engineer on January 10, 1998, for its voyage to McMurdo Station in Antarctica. The GREEN WAVE’S mission was to resupply the American…

2Cases cited16 opinions

  1. Executive Jet Aviation, Inc. v. City of ClevelandSupreme Court of the United States · 1972
  2. Foremost Insurance v. RichardsonSupreme Court of the United States · 1982
  3. Offshore Logistics, Inc. v. TallentireSupreme Court of the United States · 1986
  4. Mobil Oil Corp. v. HigginbothamSupreme Court of the United States · 1978
  5. Pain v. United Technologies Corp.Court of Appeals for the D.C. Circuit · 1980

11 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Ryan v. Hercules Offshore, Inc.District Court, S.D. Texas · 2013
  2. Fojtasek v. NCL (Bahamas) Ltd.District Court, S.D. Florida · 2009
  3. Kennedy v. Carnival Corp.District Court, S.D. Florida · 2019
  4. Patricia LaCourse v. Defense Support Services LLCCourt of Appeals for the Eleventh Circuit · 2020
  5. Balachander v. Ncl (Bahamas) Ltd.District Court, S.D. Florida · 2011

8 more not listed; retrieve them via the Exa API.

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