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Admiralty Law Keyed to Maraist
Foremost Insurance Co. v. Richardson
Citation:
457 U.S. 668, 102 S.Ct. 2654, 73 L.Ed.2d 300, 1982 AMC 2253 (1982)Facts
Two pleasure boats collided on the Amite River in Louisiana, resulting in the death of Clyde Richardson. One boat was an 18-foot pleasure boat used for water skiing and was pulling a skier at the time of the accident. The other was a 16-foot “bass boat” used exclusively for pleasure fishing. Neither boat had ever been used in any commercial maritime activity, and none of the people involved were engaged in commercial activity at the time of the accident. The wife and children of the decedent brought an action in federal district court, claiming admiralty jurisdiction under 28 U.S.C. § 1333(1). The defendants moved to dismiss, arguing that the case did not fall within federal admiralty jurisdiction because it involved only pleasure boats with no connection to commercial maritime activity.
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