Legal Opinion · Dissent

Delta Country Ventures, Inc. v. Magana

Court of Appeals for the Ninth Circuit

Decided February 5, 1993No. 91-15572Published

1DissentKozinski, Circuit Judge

This is our first opportunity to define and limit the breadth of admiralty jurisdiction in the wake of Sisson v. Ruby, 497 U.S. 358, 110 S.Ct. 2892, 111 L.Ed.2d 292 (1990). It’s difficult to imagine a more tragic setting in which to do so. Don Magana, a fifteen year old boy, was permanently paralyzed in an accident he suffered while engaged in the kind of carefree activity enjoyed by many teenagers; Delta Country, the owner of the boat on which he was injured, then invoked federal admiralty jurisdiction to deny him, through the Limitation of Liability Act, the full measure of his damages. But…

2Cases cited23 opinions

  1. Executive Jet Aviation, Inc. v. City of ClevelandSupreme Court of the United States · 1972
  2. Kermarec v. Compagnie Generale TransatlantiqueSupreme Court of the United States · 1959
  3. United States v. Reliable Transfer Co.Supreme Court of the United States · 1975
  4. Foremost Insurance v. RichardsonSupreme Court of the United States · 1982
  5. Sisson v. RubySupreme Court of the United States · 1990

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