By Thomas Schoenbaum, Jessica McClellan
This is often the 2016 pocket half replace for Schoenbaum's Admiralty and Maritime legislation, fifth, Hornbook sequence.
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88(c). S. v. 3d 802 (11th Cir. 2014), the Eleventh Circuit reconsidered whether the admission of a certification of the Secretary of State to establish extraterritorial jurisdiction for a prosecution of drug trafficking on the high seas violates a defendant’s right to confront the witnesses against him at trial. The court found that because the certification proves jurisdiction, as a diplomatic courtesy to a foreign nation, and does not prove an element of a defendant’s culpability, the pretrial admission of the certification does not violate the Confrontation Clause.
2013). In Jurich v. 3d 1302 (11th Cir. 2014), four seamen brought actions under the general maritime law against two maritime employment agencies that had found them jobs. The seamen alleged that paycheck mailing agreements, which required that their paychecks be sent directly to the relevant agencies so the agencies could deduct their agreed-upon shares before forwarding the balance to the seamen, violated the statute protecting seamen from attachment of their wages. On appeal, the Eleventh Circuit affirmed the lower court’s award of summary judgment for the agencies, holding that the paycheck mailing agreements did not violate the general maritime law.
Grand China Shipping Dev. 3d 488 (2d Cir. 2013), the Second Circuit ruled that federal maritime conflicts-of-law principles are to be used when evaluating the prima facie validity of a party’s alter-ego claim in a maritime dispute. The plaintiff ship owner had entered into a charter party with the defendant for transport of iron ore from Brazil to China on plaintiff’s Liberian-flagged vessel. The charter party included clauses applying English law and providing for arbitration of disputes in London.