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Lloyd's Maritime Law Newsletter

Foremost Insurance Co. v. Pansy F. Richardson - Supreme Court (Burger C.J., Brennan, White, Blackmun, Stevens, Rheinquist and O’Connor JJ.) - 23 June 1982

Admiralty jurisdiction of federal courts founded in collision between pleasure boats even though neither vessel engaged in commercial activity

The issue in this case was whether the collision of two pleasure boats on navigable waters fell within the admiralty jurisdiction of the federal courts. The District Court decided that the case was not within federal admiralty jurisdiction since there had to be some relationship with traditional maritime activity, which meant commercial maritime activity. The Court of Appeals reversed, agreeing that in the light of the decision in Executive Jet Aviation Inc. v. City of Cleveland 409 U.S. 249 (1972), “admiralty jurisdiction requires more than the occurrence of the tort on navigable waters - that additionaly there must be a significant relationship between the wrong and traditional maritime activity”. However, the Court of Appeals disagreed with the District Court on the application of this principle to the facts of the present case. On appeal to the Supreme Court:

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