MLC Fishing, Inc. v. Velez, 667 F.3d 140 (2d Cir. 2011). · Go Syfert
MLC Fishing, Inc. v. Velez, 667 F.3d 140 (2d Cir. 2011). Cases Citing This Book View Copy Cite
“t is well established that piers and docks are ... deemed extensions of land for purposes of determining admiralty jurisdiction, and so injuries inflicted to or on them are ... not compensable under the maritime law.”
48 citation events (48 in the last 25 years) across 13 distinct courts.
Strongest positive: Arthur DeGeorge v. John Marincola (ca3, 2023-12-06)
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 32 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Arthur DeGeorge v. John Marincola (2×) also: Cited "see, e.g."
3rd Cir. · 2023 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
t is well established that piers and docks are ... deemed extensions of land for purposes of determining admiralty jurisdiction, and so injuries inflicted to or on them are ... not compensable under the maritime law.
discussed Cited as authority (verbatim quote) Gross v. Intratek Computer Inc.
E.D.N.Y · 2023 · quote attribution · 1 verbatim quote · confidence high
the burden of demonstrating subject matter jurisdiction lies with the party asserting it . . . .
discussed Cited as authority (verbatim quote) Beam v. Watco Companies L.L.C.
S.D. Ill. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
floating docks are considered extensions of land for purposes of determining whether an incident occurred on or over navigable waters
cited Cited as authority (rule) Cannon v. H&L Contr., LLC
N.Y. App. Div. · 2026 · confidence medium
Under these circumstances, the defendant, as the vessel owner, was not liable for the plaintiff's injuries ( see MLC Fishing, Inc. v Velez , 667 F3d 140, 142 [2d Cir]).
cited Cited as authority (rule) In the Matter of the Complaint of Ed Seganti
2d Cir. · 2025 · confidence medium
The Limitation of Liability Act “does not provide an independent foundation for federal admiralty jurisdiction.” MLC Fishing, Inc. v. Velez, 667 F.3d 140, 143 (2d Cir. 2011).
discussed Cited as authority (rule) Brookins v. Napolitano
D. Conn. · 2025 · confidence medium
MLC Fishing, Inc. v. Velez, 667 F.3d 140, 141 (2d Cir. 2011) (per curiam); Mendoza v. USCIS, 2022 WL 1090525 , at *2 (S.D.N.Y. 2022).4 “When [as here,] the Rule 12(b)(1) motion is facial, i.e., based solely on the allegations of the complaint or the complaint and exhibits attached to it . . . the plaintiff has no evidentiary burden.” Carter v. HealthPort Techs., LLC, 822 F.3d 47, 56 (2d Cir. 2016).
discussed Cited as authority (rule) Exist, Inc. v. Tokio Marine America Insurance Company
S.D.N.Y. · 2024 · confidence medium
Federal admiralty jurisdiction “protect[s] commercial shipping with uniform rules of conduct,” MLC Fishing, Inc. v. Velez, 667 F.3d 140, 141 (2d Cir. 2011), and includes jurisdiction “over all contracts which 3 Although commonly referred to as “admiralty cases,” admiralty jurisdiction attaches only to a party’s claims that fall within the Court’s admiralty jurisdiction—not an entire case.
discussed Cited as authority (rule) In the Matter of the Complaint of Gerald Wilson
N.D.N.Y. · 2022 · confidence medium
MLC Fishing, Inc. v. Velez, 667 F.3d 140, 142 (2d Cir. 2011). “[A] party seeking to invoke federal admiralty jurisdiction pursuant to 28 U.S.C. § 1333 (1) over a tort claim must satisfy conditions both of location and of connection with maritime activity.” Grubart, 513 U.S. at 534 .
discussed Cited as authority (rule) Quirk v. Katz
S.D.N.Y. · 2022 · confidence medium
Henderson v. Shinseki, 562 U.S, 428, 434 2011). 62 MLC Fishing, Inc. v. Velez, 667 F.3d 140, 141 (2d Cir. 2011). 63 Clissuras v. City Univ. of New York, 359 F.3d 79 , 81 (2d Cir, 2004) (quoting AdcGinty v. New Fork, 251 F.3d 84 , 95 (2d Cir.2001)). 17 monetary damages against state officials in their official capacities.”™ To survive a motion to dismiss under Rule 12(b)(6), a complaint must allege facts sufficient to “state a claim to relief that is plausible on its face.” This standard is met where the “pleaded factual content,” which on this motion must be assumed to be true, per…
cited Cited as authority (rule) Reineri v. International Business Machines Corporation
S.D.N.Y. · 2022 · confidence medium
Kokkonen, 511 U.S. at 377 ; MLC Fishing, Inc. v. Velez, 667 F.3d 140, 141 (2d Cir. 2011).
discussed Cited as authority (rule) The Trustees of the New York State Nurses Association Pension Plan v. White Oak Global Advisors, LLC
S.D.N.Y. · 2022 · confidence medium
Henderson v. Shinseki, 562 U.S. 428, 434-35 (2011); United States v. Cotton, 535 U.S. 625, 630-31 (2002). 6 MLC Fishing, Inc. v. Velez, 667 F.3d 140, 141 (2d Cir. 2011). 3 . . . of the United States.”7 Whether a given action arises under the laws of the United States in turn is governed by the “well-pleaded complaint” rule which, in this context, provides that the initiating pleading must “establish[] that the case ‘arises under’ federal law.”8 When an application or complaint “is so drawn as to seek recovery directly under the Constitution or laws of the United States, the fed…
cited Cited as authority (rule) Lopez v. Stanford
E.D.N.Y · 2020 · confidence medium
MLC Fishing, Inc. v. Velez, 667 F.3d 140, 141 (2d Cir. 2011).
cited Cited as authority (rule) Weir v. United States Citizenship and Immigration Service
E.D.N.Y · 2020 · confidence medium
MLC Fishing, Inc. v. Velez, 667 F.3d 140, 141 (2d Cir. 2011).
discussed Cited as authority (rule) Great Lakes Insurance SE v. American Steamship Owners Mutual Protection and Indemnity Association Inc.
S.D.N.Y. · 2020 · confidence medium
The Second Circuit has further explained that the “primary purpose of federal admiralty jurisdiction is to protect commercial 2 Rule 9(h) provides that “if a claim for relief falls within the federal courts’ admiralty jurisdiction, but is also within the court’s subject-matter jurisdiction on some other ground—oftentimes, diversity of citizenship . . .—a plaintiff must explicitly designate the claim as an admiralty claim or else forego admiralty’s special procedures and remedies.” Garanti Finansal Kiralama A.S. v. Aqua Marine & Trading Inc., 697 F.3d 59, 69 (2d Cir. 2012) (cita…
discussed Cited as authority (rule) In re: Felgate
D. Conn. · 2020 · confidence medium
“Although the Limitation of Liability Act provides a federal cause of action for a vessel owner seeking exoneration or limitation, it ‘does not provide an independent foundation for federal admiralty jurisdiction.’ ” 752 F.3d at 244, Tandon v. Captain's Cove Marina of Bridgeport, Inc., 752 F.3d 239, 244 (2d Cir. 2014) (quoting MLC Fishing, Inc. v. Velez, 667 F.3d 140, 143 (2d Cir. 2011) (per curiam)).
discussed Cited as authority (rule) Stein v. The County of Nassau (2×) also: Cited "see"
E.D.N.Y · 2019 · confidence medium
MLC Fishing, 667 F.3d at 142 (quotations omitted).
cited Cited as authority (rule) D'Amico Dry Ltd. v. Primera Maritime (Hellas) Ltd.
S.D.N.Y. · 2016 · confidence medium
MLC Fishing, Inc. v. Velez, 667 F.3d 140, 141 (2d Cir.2011). 2.
discussed Cited as authority (rule) In Re Petition of Bruce Germain
2d Cir. · 2016 · confidence medium
As a threshold matter, “[a]lthough the Limitation of Liability Act provides a federal cause of action for a vessel owner seeking exoneration or limitation, it ‘does not provide an independent foundation for federal admiralty jurisdiction.’” Tandon, 752 F.3d at 244 (quoting MLC Fishing, Inc. v. Velez, 667 F.3d 140, 143 (2d Cir. 2011) (per curiam)).
discussed Cited as authority (rule) Germain v. Ficarra
2d Cir. · 2016 · confidence medium
As a threshold matter, “[although the Limitation of Liability Act provides a federal cause of action for a vessel owner seeking exoneration or limitation, it ‘does not provide an independent foundation for federal admiralty jurisdiction.’ ” Tandon, 752 F.3d at 244 (quoting MLC Fishing, Inc. v. Velez, 667 F.3d 140, 143 (2d Cir. 2011) (per curiam)).
discussed Cited as authority (rule) Ficarra v. Germain
N.D.N.Y. · 2015 · confidence medium
“Although the Limitation of Liability Act provides a federal cause of action for a vessel owner seeking exoneration or limitation, it ‘does not provide an independent foundation for federal admiralty jurisdiction.’ ” Tandon, 752 F.3d at 244 (citing MLC Fishing, Inc. v. Velez, 667 F.3d 140, 143 (2d Cir.2011)).
examined Cited as authority (rule) Tandon v. Captain's Cove Marina of Bridgeport, Inc. (3×) also: Cited "see"
2d Cir. · 2014 · confidence medium
“The primary purpose of federal admiralty jurisdiction is to protect commercial shipping with uniform rules of conduct.” MLC Fishing, Inc. v. Velez, 667 F.3d 140, 141-42 (2d Cir.2011) (per curiam) (quoting Vasquez, 582 F.3d at 298 ).
discussed Cited as authority (rule) Hayes v. County of Nassau
E.D.N.Y · 2013 · confidence medium
Applying this test, the Second Circuit has unequivocally held that, similar to docks and piers, “a ramp leading from the land to a floating dock should likewise be ... considered” an “extension!] of land for purposes of determining whether an incident occurred on or over navigable waters.” MLC Fishing, Inc. v. Velez, 667 F.3d 140, 142 (2d Cir.2011).
discussed Cited as authority (rule) Roman Catholic Archdiocese v. Sebelius
E.D.N.Y · 2012 · confidence medium
The 12(b)(1) Standard “The burden of demonstrating subject matter-jurisdiction lies with the party asserting it.” MLC Fishing, Inc. v. Velez, 667 F.3d 140, 141 (2d Cir.2011) (quoting Mathirampuzha v. Potter, 548 F.3d 70, 85 (2d Cir.2008)).
discussed Cited "see" Congregation Rabbinical College of Tartikov, Inc. v. Village of Pomona, NY
S.D.N.Y. · 2024 · signal: accord · confidence high
Nov. 15, 2023) (“Federal courts ‘have an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party.’”(quoting Arbaugh v. Y & H Corp., 546 U.S. 500, 514 (2006))); accord MLC Fishing, Inc. v. Velez, 667 F.3d 140, 143 (2d Cir. 2011) (per curiam).
discussed Cited "see" In the matter of JAMES R. SILVER
D. Mass. · 2023 · signal: see · confidence high
See MLC Fishing, Inc. v. Velez, 667 F.3d 140, 142-43 (2d Cir. 2011); David Wright Charter Serv., 925 F.2d at 784-85; Guillory v. Outboard Motor Corp., 956 F.2d 114, 115 (5th Cir. 1992); Compl. of Sisson, 867 F.2d 341, 349-50 (7th Cir. 1989), rev’d on other grounds sub nom.
cited Cited "see" White and Sikorski, as Owners and/or Owners pro hac vice of a 1985, 34-foot J-BOAT sailing vessel
W.D.N.Y. · 2022 · signal: see · confidence high
See MLC Fishing, Inc. v. Velez, 667 F.3d 140, 141-42 (2d Cir. 2011) (per curiam) (noting that the Act “does not provide an independent foundation for federal admiralty jurisdiction”).
discussed Cited "see" Tandon v. Ulbrick (2×)
2d Cir. · 2014 · signal: see · confidence high
See id. at 143–44.
discussed Cited "see" Hayes v. County of Nassau
2d Cir. · 2014 · signal: see · confidence high
See MLC Fishing, Inc. v. Velez, 667 F.3d 140, 142 (2d Cir.2011) (stating that “floating docks are considered extensions of land for purposes of determining whether an incident occurred on or over navigable waters”).
discussed Cited "see, e.g." Mayor and City Council of Baltimore v. BP P.L.C.
4th Cir. · 2022 · signal: see also · confidence low
There are no allegations that its injuries were either “caused by the vessel itself or its appurtenances.” Egorov, Puchinsky, Afanasiev & Juring v. Terriberry, Carroll & Yancey, 183 F.3d 453, 456 (5th Cir. 1999) (declining to find admiralty jurisdiction because neither the vessel nor its appurtenances caused physical damage on land or the alleged tort of tortious interference with contract); see also MLC Fishing, Inc. v. Velez, 667 F.3d 140 , 141–42 (2d Cir. 2011) (holding that a claimant’s slip-and-fall on a ramp leading from a floating dock was not caused by a vessel or its appurtena…
discussed Cited "see, e.g." Ghiazza v. Anchorage Marina, Inc.
S.D.N.Y. · 2020 · signal: see also · confidence medium
See In re Carter, 743 F. Supp. 2d at 108 (concluding that there was no maritime jurisdiction over a tort claim involving a vessel that “had been in storage on land for ten months”); see also MLC Fishing, Inc. v. Velez, 667 F.3d 140, 143 (2d Cir. 2011) (describing In re Carter as “cogent and well-reasoned”).
discussed Cited "see, e.g." Definitive Marine Surveys Inc. v. Tran
M.D. Fla. · 2018 · signal: see also · confidence low
Instead, the district court will only have admiralty jurisdiction to hear a petition for limitation if it already has admiralty jurisdiction over the underlying claims that the petition seeks to limit.") (quoted authority and internal quotation marks omitted); see also MLC Fishing, Inc. v. Velez , 667 F.3d 140 , 143 (2d Cir. 2011) (citing numerous cases holding the same thing).
discussed Cited "see, e.g." Adamson v. Port of Bellingham (2×)
9th Cir. · 2018 · signal: see also · confidence low
Navigation Co., Ltd. , 513 F.2d 701 , 703-04 (1st Cir. 1975) (holding that the AEA did not apply where the object that caused the injury "was not an appurtenance in relation to plaintiff's injury"); see also MLC Fishing, Inc. v. Velez , 667 F.3d 140 , 142 (2d Cir. 2011) (holding that the AEA did not apply when a vessel passenger slipped and fell on a ramp deemed to be an extension of land, and the accident was not " 'caused by' the vessel or its appurtenances."); Scott v. Trump Ind., Inc. , 337 F.3d 939 , 944-45 (7th Cir. 2003) (concluding that AEA jurisdiction depended on whether "an appurten…
Retrieving the full opinion text from the archive…
MLC FISHING, INC., as Owner of the Vessel “Capt. Mike,” the Plaintiff for Exoneration From or Limitation of Liability, Plaintiff-Appellant,
v.
Julio Angel VELEZ, Defendant-Appellee
Docket 10-903-cv.
Court of Appeals for the Second Circuit.
Dec 15, 2011.
667 F.3d 140
Alfred J. Will, Badiak & Will, LLP, Mineóla, N.Y., for Plaintiff-Appellant., Andrew V. Buchsbaum, Friedman, James & Buchsbaum LLP, New York, N.Y., for Defendant-Appellee.
Newman, Winter, Katzmann.
Cited by 32 opinions  |  Published
Pinpoint authority: bottom 54%
PER CURIAM:

Plaintiff-Appellant MLC Fishing, Inc. (“MLC”) appeals from the district court’s judgment dismissing for want of subject matter jurisdiction MLC’s complaint seeking exoneration from or limitation of liability pursuant to the Exoneration and Limitation of Liability Act (the “Limitation Act”), 46 U.S.C. § 30501 et seq. MLC owns the fishing vessel “Capt. Mike,” which at all relevant times was docked at Capt. Mike’s Marina in Howard Beach, Queens. MLC initiated this limitation proceeding following an accident that took place when Defendant-Appellee Julio Angel Velez, intending to go fishing as a passenger aboard the Capt. Mike, slipped and fell on a ramp leading from the marina to a floating dock that passengers were required to traverse in order to access the vessel.

“We review de novo the district court’s dismissal for lack of subject matter jurisdiction.” Delgado v. Quarantillo, 643 F.3d 52, 54 (2d Cir.2011) (per curiam). “The burden of demonstrating subject-matter jurisdiction lies with the party asserting it....” Mathirampuzha v. Potter, 548 F.3d 70, 85 (2d Cir.2008).

The Constitution provides that “[t]he judicial Power shall extend ... to all Cases of admiralty and maritime Jurisdiction.” U.S. Const, art. Ill, § 2. Congress has granted federal district courts original jurisdiction over “[a]ny civil case of admiralty or maritime jurisdiction.” 28 U.S.C. § 1333(1). “The primary purpose of federal admiralty jurisdiction is to protect commercial shipping with uniform rules of con[*142] duct.” Vasquez v. GMD Shipyard Corp., 582 F.3d 293, 298 (2d Cir.2009) (internal citation, quotation marks, and alteration omitted). To determine whether a tort action lies within the federal courts’ admiralty jurisdiction, we apply the two-part test set forth by the Supreme Court in Jerome B. Grubart, Inc. v. Great Lakes Dredge & Dock Co., 513 U.S. 527,115 S.Ct. 1043,130 L.Ed.2d 1024 (1995):

First, the alleged tort must have occurred on or over “navigable waters.” Second, the activity giving rise to the incident must have had a substantial relationship to traditional maritime activity, such that the incident had a potentially disruptive influence on maritime commerce.

Vasquez, 582 F.3d at 298 (citing Grubart, 513 U.S. at 534, 115 S.Ct. 1043); see also Admiralty Extension Act of 1948, 46 U.S.C. § 30101(a) (“Extension Act”) (federal admiralty jurisdiction “extends to and includes cases of injury or damage, to person or property, caused by a vessel on navigable waters, even though the injury or damage is done or consummated on land”).

Applying this standard, we conclude that the ramp on which Velez slipped and fell is properly considered an extension of the land, and that this accident was not “caused by” the vessel or its appurtenances. As an initial matter, it is well established that “[p]iers and docks [are] ... deemed extensions of land” for purposes of determining admiralty jurisdiction, and so “injuries inflicted to or on them [are] ... not compensable under the maritime law.” Victory Carriers, Inc. v. Law, 404 U.S. 202, 206-07, 92 S.Ct. 418, 30 L.Ed.2d 383 (1971) (footnotes omitted). Similarly, “courts specifically examining the nature of floating docks ... [which] rise and fall with the tides ... have consistently held that they do not possess the characteristics associated with maritime objects.” S. Port Marine, LLC v. Gulf Oil Ltd. P’ship, 234 F.3d 58, 60, 63 (1st Cir. 2000) (citing cases); see also Cope v. Vallette Dry-Dock Co., 119 U.S. 625, 627, 7 S.Ct. 336, 30 L.Ed. 501 (1887) (claims arising from incident occurring on floating dry-dock did not fall within federal admiralty jurisdiction because the floating dock “had no means of propulsion ... [and] was not designed for navigation”). Given that floating docks are considered extensions of land for purposes of determining whether an incident occurred on or over navigable waters, it stands to reason that a ramp leading from the land to a floating dock should likewise be so considered. Accordingly, because Velez’s alleged accident occurred on such a ramp, the district court was correct in ruling that MLC cannot satisfy the locality prong of the two-part test for invoking federal admiralty tort jurisdiction.

Separately, MLC suggested below that the Limitation Act provides an independent basis for federal jurisdiction over this action. The Limitation Act provides that “the liability of the owner of a vessel for any claim, debt, or liability ... shall not exceed the value of the vessel and pending freight,” 46 U.S.C. § 30505(a). The “claims, debts, and liabilities” subject to this limitation of liability “are those arising from any embezzlement, loss, or destruction of any property, goods, or merchandise shipped or put on board the vessel, any loss, damage, or injury by collision, or any act, matter, or thing, loss, damage, or forfeiture, done, occasioned, or incurred, without the privity or knowledge of the owner.” Id. § 30505(b).

The Supreme Court has indicated that whether the Limitation Act provides an independent basis for federal subject matter jurisdiction is an open question, but has declined the resolve the[*143] issue. See Sisson v. Ruby, 497 U.S. 358, 359 n. 1, 110 S.Ct. 2892, 111 L.Ed.2d 292 (1990) (“[w]e need not decide” the issue because “§ 1333(1) is sufficient to confer jurisdiction”). Every Court of Appeals to reach the question, however, has concluded that the Limitation Act does not provide an independent foundation for federal admiralty jurisdiction. See Seven Resorts, Inc. v. Cantlen, 57 F.3d 771, 773 (9th Cir.1995); Guillory v. Outboard Motor Corp., 956 F.2d 114, 115 (5th Cir.1992) (per curiam); David Wright Charter Serv. of N.C., Inc. v. Wright, 925 F.2d 783, 785 (4th Cir.1991) (per curium); Three Buoys Houseboat Vacations U.S.A. Ltd. v. Moris, 921 F.2d 775, 779-80 (8th Cir. 1990); Lewis Charters, Inc. v. Huckins Yacht Corp., 871 F.2d 1046, 1053-54 (11th Cir.1989); Complaint of Sisson, 867 F.2d 341, 349-50 (7th Cir.1989), rev’d on other grounds sub nom. Sisson, 497 U.S. at 358, 110 S.Ct. 2892. While the district court did not address the issue in its opinion dismissing the case, and MLC has not renewed its argument that the Limitation Act broadens federal admiralty jurisdiction on appeal, “federal courts have an independent obligation to ... raise and decide jurisdictional questions that the parties either overlook or elect not to press.” Henderson ex rel. Henderson v. Shinseki, — U.S. -, 131 S.Ct. 1197, 1202, 179 L.Ed.2d 159 (2011); see also Hertz Corp. v. Friend, — U.S.-, 130 S.Ct. 1181, 1193, 175 L.Ed.2d 1029 (2010) (“Courts have an independent obligation to determine whether subject-matter jurisdiction exists — ”). Having carefully considered the question, we take this occasion to join our sister Circuits in holding that the Limitation Act does not confer admiralty jurisdiction over petitions that arise from incidents that, like the one here, did not occur on or over navigable waters.

In reaching this conclusion, we are aided considerably by the District Court of Connecticut’s cogent and well-reasoned recent opinion in In re Carter, 743 F.Supp.2d 103 (D.Conn.2010) (Kravitz, /.). As the court observed in Carter, the relevant statutory language — “[t]he owner of a vessel may bring a civil action in a district court of the United States for limitation of liability under this chapter,” 46 U.S.C. § 30511(a)— gives no indication that Congress intended the Limitation Act to constitute a jurisdictional grant. See id. at 112 (“When Congress grants subject-matter jurisdiction to federal district courts, it ordinarily does so explicitly by using the word ‘jurisdiction.’ ”) (emphasis in original). Instead, on its face, § 30511(a) appears to be intended as granting vessel owners a private right of action to enforce their rights under the Limitation Act in a federal court, assuming that the court otherwise has subject-matter jurisdiction over the controversy. Moreover, as noted by the Carter court, there does not appear to be anything in the Limitation Act’s legislative history to indicate that Congress intended § 30511(a) as a jurisdictional grant. See id. With respect to “the Act’s purpose of making United States shipping more competitive world-wide through the limitation of shipping liability,” Seven Resorts, 57 F.3d at 773, we agree with our sister Circuits that this purpose would not be advanced by construing the Limitation Act as conferring federal jurisdiction beyond the limits set forth in the subsequently-enacted Extension Act, which extended federal admiralty jurisdiction to any incident “caused by a vessel on navigable waters,” 46 U.S.C. § 30101(a). Finally, we share the Carter court’s concern that reading the Limitation Act to confer federal jurisdiction over controversies that do not occur on or over navigable waters “might well exceed the scope of the constitutional grant of admiralty jurisdiction.” Carter, 743 F.Supp.2d[*144] at 113; see Skilling v. United States, —— U.S. -, 130 S.Ct. 2896, 2929-30, 177 L.Ed.2d 619 (2010) (“We have ... instructed the federal courts ... to avoid constitutional difficulties by adopting a limiting interpretation [of a statute] if such a construction is fairly possible.”) (internal quotation marks and editing omitted). For these reasons, we hold that the Limitation Act does not confer federal admiralty jurisdiction over any action not already encompassed within the Extension Act’s jurisdictional grant.

Accordingly, the judgment of the district court is AFFIRMED.