Maritime Law in the Middle Ages

As power shifted away from the declining Byzantine Empire and to the emerging cities and states of Western Europe new sea codes began to emerge. The Italian cities took ideas from the Byzantine codes, the Rhodian Sea Law, and the Basilica, and modified them according to their own customs. Two of the earliest and most influential of the medieval Italian sea codes were the Ordinance of Trani (circa 1063) and the Tables of Amalfi (1010). But they weren't the only sea codes in the west. Pisa had the Consitutum Usus and later the Breve Curiae Maris, Venice the Ziani, the Tiepolo, and the Zeno. Barcelona had its own code. When the crusaders entered the middle east they brought their sea codes with the. The Assizes of Jerusalem (circa 1187) became the maritime law of the Latin population of Cyprus and Antioch.

And then there are the Rolls of Oleron. Created to help manage issues resulting from the flourishing wine trade between Aquitaine, England, and Flanders they were most likely complied in the second half of the 13th century. The Rolls were derived from Roman and Italian sources but adapted to the local customs of the North Sea and Atlantic. They were adopted with little change by the ports of Brittany and Normandy and formed the basis of the Judments of the Damme, the earliest body of maritime law in Flanders. They also provided the foundation for the laws of Wisby and the laws of the Hanse League. Because of their widespread acceptance the Rolls of Oleron also became the chief early authority relied upon by English Admiralty.

Drunk Passengers and Jones Act Claim

Interesting unpublished decision out of the Court of Appeals of Washington. At issue in Caraska v. State of Washington Dept. of Transp., are injuries suffered by Frank Caraska when Gary Collins, a drunk passenger on a Washington State Ferry (WSF), assaulted him. Caraska worked for the WSF as an able bodied seaman aboard the ferry M/V Klahowya. Collins, who was believed to be intoxicated by both the ticket seller, the ticket taker, and other passengers, struck Caraska with his fist and then jumped on his back. The two men fell onto the deck near the edge of the ferry with Collins on top. When Caraska hit the deck he jammed his elbow and injured his shoulder. Crew members and passengers were able to pull Collins off Caraska and restrain him, while the captain of the ferry called the police. When the police arrived they also had to physically restrain Collins while physically removing him from the ferry. As a result of the assault, Caraska sprained his elbow and suffered serious injuries to his right shoulder. Caraska underwent right shoulder open anterior acromioplasty and rotator cuff repair surgery due to the injuries.

Caraska sued the WSF asserting a negligence claim under the Jones Act and a federal maritime unseaworthiness claim against the WSF. Following a three-day bench trial, the court dismissed Caraska's lawsuit against the WSF. The court ruled that the WSF employees were not negligent in allowing Collins to board the ferry. The Court of Appeals reversed and remanded trial courts decision because it was not clear that the trial court correctly applied the Jones Act slight evidence causation standard.

The parties did not present any new evidence on remand. Instead, Caraska and the WSF submitted proposed supplemental findings of fact and conclusions of law. The trial court issued a 42-page “Memorandum Decision, Order, and Supplemental Findings of Fact and Conclusions of Law on Remand.” After reexamining the evidence to determine whether Collins was disorderly, disruptive, or confrontational, the trial court concluded that Caraska did not establish a breach of duty by the WSF employees under the Safety Management System (SMS) policy by allowing Collins to board the ferry. Because there was no breach of duty under the SMS policy, the court also concluded it was unnecessary to reach the unseaworthiness claim based on inadequate training.

Caraska appealed again however this time the Court of Appeals concluded that the trail court's record supported the dismissal. But what about the Appeals Court's direction to consider the Jones Act standard? The Trial Court states that it was unnecessary to address those claims because the WSF employees did not violate the SMS policy, nonetheless, “mindful of the clear direction of the Court of Appeals,” the court did so.

Nevertheless, mindful of the clear direction of the Court of Appeals, this court has combed the record for evidence of improper training. The court has considered the all [sic] of the evidence. Plaintiff has failed to carry his burden of proof to establish that WSF breached its duty to implement the SMS policy by not properly training its employees. Plaintiff also has failed to carry his burden of proof to establish unseaworthiness because of the presence of an understaffed or ill-trained crew, whether WSF terminal employees or others.

Interesting case and it wouldn't surprise me to see it appealed to the Washington Supreme Court.

Cutty Sark restoration turning into a fiasco?

Last week the Prime Minister, Gordon Brown, announced that the vessel, which has been under restoration since 2006, would be "brought back to its former glory" in time for the Olympics.
"It will be yet another jewel for visitors in 2012 to enjoy," said Mr Brown.

However, it can now be revealed that:
– The project's chief engineer, Peter Mason, has resigned, saying the restoration should be "stopped and reviewed" because it will "damage the fabric of the ship" and could cause it to fall apart.

From the Telegraph

The Cutty Sark is the last surviving Tea Clipper and was severely damaged in a fire in 2007. The story also includes this photo and caption.

The front of the Cutty Sark is removed as part of an ongoing conservation project in Greenwhich Photo: GETTY

But I'm pretty sure that's the stern of the ship not the bow.

Here's a happier restoration story from the BBC.

LawStack

I don't have an iPhone, in fact my cheap cell phone is the frequent butt of jokes, but I do have an iPod touch. I recently came across a free app that is worth recommending to law students and practitioners. LawStack puts the Federal Rules for Civ Pro, Crim Pro, Appellate Procedure, Evidence, and Bankruptcy Procedure right on your iphone or ipod touch. At first I thought it was just a novelty but I find myself using it quite frequently when I'm out and about.

And yes I understand just how geeky it is to be out at dinner and suddenly need to consult the Federal Rules of Civil Procedure.

Singapore Shipping Association: Somali Pirate Tactics Could Be Copied

he violent methods of Somali pirates could easily been copied in other parts of the world warns the Singapore Shipping Association. “As SSA, we are very concerned with the deteriorating situation in the Somali basin. In the absence of any firm response from the United Nations, the Somali methods of hijack and violent kidnapping can be easily emulated by others elsewhere,” SS Teo president of SSA told a piracy seminar in Singapore. Teo’s own company Pacific International Lines had one of its containerships, Kota Wajar, was held by Somali pirates for 75 days after it was hijacked on October 15. He described the relative ease with which pirates could extort and escape with millions of dollars as “unimaginable in the modern day and age”. SSA said the current level of response to the piracy situation was simply “insufficient”. “It is vitally important that all governments, at the very highest level, become more engaged in finding a long term solution to this crisis,” Teo said.

From SeaTrade Asia

Stewart v. Washington Mut., FA: Another Bizarre Claim of Admiralty Jurisdiction

I've previously blogged about Aubree Guancione and her novel legal arguments regarding admiralty jurisdiction. (and there's more coming on some of her legal actions) Well in a case out of the Federal District Court for Oregon, we have yet another pro se litigant attempting to assert admiralty jurisdiction over real property. In Stewart v. Washington Mut., FA., Morse Edward Stewart sought an order quashing non-judicial foreclosure proceedings involving real property in Clackamas County, Oregon, and also sought a judgment for more than $35 million.

Of course the court dismissed the claim, but it got me thinking where are these people getting the idea they can assert admiralty jurisdiction over anything. Well Google has provided the answer, it seems there's a cottage industry trying to convince people that all actions should be filed in admiralty.

Admiralty law has a great and fascinating history, and with the dependence of the global economy on shipping, it's more relevant now than ever.

THIS HOWEVER, IS NOT ADMIRALTY LAW (the good stuff starts about 1:50)

Tulane Law School Gives Students the Day Off

In honor of the New Orleans Saints victory in the Super Bowl, Tulane University Law School has given its students tomorrow off to celebrate. What does this have to do with admiralty law? Well if you don't know, Tulane is home of one of the nation's best admiralty law programs and the Tulane Law Review.

Update from the comments section:brad v said...
And the Tulane Maritime Law Journal!

http://www.law.tulane.edu/tlsjournals/maritime/index.aspx

Brad Vogel, Editor in Chief