maritime doctrine in California

9 California opinions name it 2 courts 1973–2021 1 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (10)

Case	Followed	Cited
Price v. Connolly-Pacific Co.green calctapp · 2008 · cited in 1 California opinions naming this issue, 2013–2013 2 sentences 2013State remedies under the savings to suitors clause may be pursued in state court or, if there is a basis for federal jurisdiction, in federal court. [Citation.] A maritime claim brought in the common law state courts is governed by federal maritime law, however.’ [Citation.] This is sometimes referred to as the revers e-Erie doctrine.” (Price v. Connolly-Pacific Co. (2008) 162 Cal.App.4th 1210, 1213-1214 [ 76 Cal.Rptr.3d 872 ], fn. omitted & italics added (Price).) “The Erie doctrine (Erie R. 2013State remedies under the savings to suitors clause may be pursued in state court or, if there is a basis for federal jurisdiction, in federal court. [Citation.] A maritime claim brought in the common law state courts is governed by federal maritime law, however.’ [Citation.] This is sometimes referred to as the revers e-Erie doctrine.” (Price v. Connolly-Pacific Co. (2008) 162 Cal.App.4th 1210, 1213-1214 [ 76 Cal.Rptr.3d 872 ], fn. omitted & italics added (Price).) “The Erie doctrine (Erie R.	1	1
Barber v. Marina Sailing, Inc.green calctapp · 1995 · cited in 1 California opinions naming this issue, 2008–2008 1 sentence 2008State remedies under the savings to suitors clause may be pursued in state court or, if there is a basis for federal jurisdiction, in federal court. [Citation.] A maritime claim brought in the common law state courts is governed by federal maritime law, however.” (Barber v. Marina Sailing, Inc. (1995) 36 Cal.App.4th 558, 563 [42 *1214 Cal.Rptr.2d 697].) This is sometimes referred to as the reverse-line 1 doctrine.	1	1
The Osceolagreen scotus · 1903 · cited in 1 California opinions naming this issue, 1978–1978 2 sentences 1978We are strengthened in the foregoing conclusion by the federal experience under the maritime doctrine of "unseaworthiness." For decades, seamen have been permitted to recover from shipowners for injuries caused by defects rendering a vessel "unseaworthy." (E.g., The 739 Osceola (1903) 189 U.S. 158, 175 [ 47 L.Ed. 760, 764 , 23 S.Ct. 483 ].) As noted by many courts, the concept of "unseaworthiness" is not limited to or affected by notions of the shipowner's fault or due care, but applies to any deficiency of hull, equipment or crew, regardless of cause, which renders the ship less than reasona 1978We are strengthened in the foregoing conclusion by the federal experience under the maritime doctrine of "unseaworthiness." For decades, seamen have been permitted to recover from shipowners for injuries caused by defects rendering a vessel "unseaworthy." (E.g., The 739 Osceola (1903) 189 U.S. 158, 175 [ 47 L.Ed. 760, 764 , 23 S.Ct. 483 ].) As noted by many courts, the concept of "unseaworthiness" is not limited to or affected by notions of the shipowner's fault or due care, but applies to any deficiency of hull, equipment or crew, regardless of cause, which renders the ship less than reasona	1	1
Seas Shipping Co. v. Sierackired scotus · 1946 · cited in 1 California opinions naming this issue, 1978–1978 2 sentences 1978We are strengthened in the foregoing conclusion by the federal experience under the maritime doctrine of "unseaworthiness." For decades, seamen have been permitted to recover from shipowners for injuries caused by defects rendering a vessel "unseaworthy." (E.g., The 739 Osceola (1903) 189 U.S. 158, 175 [ 47 L.Ed. 760, 764 , 23 S.Ct. 483 ].) As noted by many courts, the concept of "unseaworthiness" is not limited to or affected by notions of the shipowner's fault or due care, but applies to any deficiency of hull, equipment or crew, regardless of cause, which renders the ship less than reasona 1978We are strengthened in the foregoing conclusion by the federal experience under the maritime doctrine of "unseaworthiness." For decades, seamen have been permitted to recover from shipowners for injuries caused by defects rendering a vessel "unseaworthy." (E.g., The 739 Osceola (1903) 189 U.S. 158, 175 [ 47 L.Ed. 760, 764 , 23 S.Ct. 483 ].) As noted by many courts, the concept of "unseaworthiness" is not limited to or affected by notions of the shipowner's fault or due care, but applies to any deficiency of hull, equipment or crew, regardless of cause, which renders the ship less than reasona	1	1
Pope & Talbot, Inc. v. Hawngreen scotus · 1953 · cited in 1 California opinions naming this issue, 1978–1978 2 sentences 1978We are strengthened in the foregoing conclusion by the federal experience under the maritime doctrine of "unseaworthiness." For decades, seamen have been permitted to recover from shipowners for injuries caused by defects rendering a vessel "unseaworthy." (E.g., The 739 Osceola (1903) 189 U.S. 158, 175 [ 47 L.Ed. 760, 764 , 23 S.Ct. 483 ].) As noted by many courts, the concept of "unseaworthiness" is not limited to or affected by notions of the shipowner's fault or due care, but applies to any deficiency of hull, equipment or crew, regardless of cause, which renders the ship less than reasona 1978We are strengthened in the foregoing conclusion by the federal experience under the maritime doctrine of "unseaworthiness." For decades, seamen have been permitted to recover from shipowners for injuries caused by defects rendering a vessel "unseaworthy." (E.g., The 739 Osceola (1903) 189 U.S. 158, 175 [ 47 L.Ed. 760, 764 , 23 S.Ct. 483 ].) As noted by many courts, the concept of "unseaworthiness" is not limited to or affected by notions of the shipowner's fault or due care, but applies to any deficiency of hull, equipment or crew, regardless of cause, which renders the ship less than reasona	1	1
Mitchell v. Trawler Racer, Inc.green scotus · 1960 · cited in 1 California opinions naming this issue, 1978–1978 2 sentences 1978We are strengthened in the foregoing conclusion by the federal experience under the maritime doctrine of "unseaworthiness." For decades, seamen have been permitted to recover from shipowners for injuries caused by defects rendering a vessel "unseaworthy." (E.g., The 739 Osceola (1903) 189 U.S. 158, 175 [ 47 L.Ed. 760, 764 , 23 S.Ct. 483 ].) As noted by many courts, the concept of "unseaworthiness" is not limited to or affected by notions of the shipowner's fault or due care, but applies to any deficiency of hull, equipment or crew, regardless of cause, which renders the ship less than reasona 1978We are strengthened in the foregoing conclusion by the federal experience under the maritime doctrine of "unseaworthiness." For decades, seamen have been permitted to recover from shipowners for injuries caused by defects rendering a vessel "unseaworthy." (E.g., The 739 Osceola (1903) 189 U.S. 158, 175 [ 47 L.Ed. 760, 764 , 23 S.Ct. 483 ].) As noted by many courts, the concept of "unseaworthiness" is not limited to or affected by notions of the shipowner's fault or due care, but applies to any deficiency of hull, equipment or crew, regardless of cause, which renders the ship less than reasona	1	1
Vandermark v. Ford Motor Co.green cal · 1964 · cited in 1 California opinions naming this issue, 1978–1978 2 sentences 1978(E.g., Price v. Mosler (5th Cir.1973) 483 F.2d 275, 277-278 .) We find equally unpersuasive a final objection that the merger of the two principles somehow will abolish or adversely affect the liability of such intermediate entities in the chain of distribution as retailers ( Vandermark v. Ford Motor Co. (1964) 61 Cal.2d 256, 263 [ 37 Cal. Rptr. 896 , 391 P.2d 168 ]), and bailors ( Price v. Shell Oil Co., supra, 2 Cal.3d 245, 253 .) We foresee no such consequence. 1978(E.g., Price v. Mosler (5th Cir.1973) 483 F.2d 275, 277-278 .) We find equally unpersuasive a final objection that the merger of the two principles somehow will abolish or adversely affect the liability of such intermediate entities in the chain of distribution as retailers ( Vandermark v. Ford Motor Co. (1964) 61 Cal.2d 256, 263 [ 37 Cal. Rptr. 896 , 391 P.2d 168 ]), and bailors ( Price v. Shell Oil Co., supra, 2 Cal.3d 245, 253 .) We foresee no such consequence.	1	1
Blevens v. Sfetkugreen calctapp · 1968 · cited in 1 California opinions naming this issue, 1974–1974 2 sentences 1974(Cf. Blevens v. Sfetku (1968) 259 Cal.App.2d 527, 531 [ 66 Cal.Rptr. 486 ].) When adjudicating a maritime claim, a state court must preserve all substantial admiralty rights of the litigants by applying general maritime law. 1974(Cf. Blevens v. Sfetku (1968) 259 Cal.App.2d 527, 531 [ 66 Cal.Rptr. 486 ].) When adjudicating a maritime claim, a state court must preserve all substantial admiralty rights of the litigants by applying general maritime law.	1	1
Intagliata v. Shipowners & Merchants Towboat Co.green cal · 1945 · cited in 1 California opinions naming this issue, 1974–1974 2 sentences 1974(Intagliata v. Shipowners & Mer. etc. Co. (1945) 26 Cal.2d 365, 371 [ 159 P.2d 1 ].) Federal courts sitting in admiralty jurisdiction determine the timeliness of the commencement of an action by applying the doctrine of laches, unless a federal statutory time limit applies. 1974(Intagliata v. Shipowners & Mer. etc. Co. (1945) 26 Cal.2d 365, 371 [ 159 P.2d 1 ].) Federal courts sitting in admiralty jurisdiction determine the timeliness of the commencement of an action by applying the doctrine of laches, unless a federal statutory time limit applies.	1	1
Minneapolis & St. Louis Railroad v. Bombolisgreen scotus · 1916 · cited in 1 California opinions naming this issue, 1973–1973 2 sentences 1973Louis R.R. v. Bombolis, 241 U.S. 211, 218 [ 60 L.Ed. 961, 963-964 , 36 S.Ct. 595 ], said: “[I]t was of course presumably an appreciation of the principles so thoroughly settled which caused Congress in the enactment of the Employers’ Liability Act to clearly contemplate the existence of a concurrent power and duty of both Federal and State courts to administer the 889 rights conferred by the statute in accordance with the modes of procedure prevailing in such courts.” Here Carlson was given the full measure of his substantive rights under the maritime doctrine of unseaworthiness, and not bein 1973Louis R.R. v. Bombolis, 241 U.S. 211, 218 [ 60 L.Ed. 961, 963-964 , 36 S.Ct. 595 ], said: “[I]t was of course presumably an appreciation of the principles so thoroughly settled which caused Congress in the enactment of the Employers’ Liability Act to clearly contemplate the existence of a concurrent power and duty of both Federal and State courts to administer the 889 rights conferred by the statute in accordance with the modes of procedure prevailing in such courts.” Here Carlson was given the full measure of his substantive rights under the maritime doctrine of unseaworthiness, and not bein	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (10)

Case	Cited	Years
Erie Railroad v. Tompkins green scotus · 1938 2 sentences 2021Co. v. Tompkins (1938) 304 U.S. 64 [ ]) requires that a federal court sitting in diversity jurisdiction over a state law claim must apply state substantive law in resolving a dispute. 2013Co. v. Tompkins (1938) 304 U.S. 64 [ 82 L.Ed. 1188 , 58 S.Ct. 817 ]) requires that a federal court sitting in diversity jurisdiction over a state law claim must apply state substantive law in resolving a dispute.	2	2013–2021
Naegele v. R.J. Reynolds Tobacco Co. green cal · 2002 2 sentences 2002Reynolds Tobacco Co. (2002) 28 Cal.4th 856 , 123 Cal.Rptr.2d 61 , 50 P.3d 769 .) In the meantime, on September 25, 1999, Donaldson filed suit against National Marine, Inc., as the successor to Cardinal Carriers, seeking damages for Mr. Pavolini's death under the Jones Act, title 46 United States Code Appendix section 688, and under the maritime doctrine of unseaworthiness. 2002Reynolds Tobacco Co. (2002) 28 Cal.4th 856 , 123 Cal.Rptr.2d 61 , 50 P.3d 769 .) In the meantime, on September 25, 1999, Donaldson filed suit against National Marine, Inc., as the successor to Cardinal Carriers, seeking damages for Mr. Pavolini's death under the Jones Act, title 46 United States Code Appendix section 688, and under the maritime doctrine of unseaworthiness.	1	2002–2002
In Re Ballard Shipping Company, Etc. v. Beach Shellfish green ca1 · 1994 1 sentence 1995(Ballard Shipping Co. v. Beach Shellfish (1st Cir. 1994) 32 F.3d 623, 625-626 .) A maritime claim brought in the common law state courts is governed by federal maritime law, however.	1	1995–1995
Tyrone Powell v. Offshore Navigation, Inc., Etc. green ca5 · 1981 1 sentence 1995(Powell v. Offshore Navigation, Inc. (5th Cir. 1981) 644 F.2d 1063, 1065 , fti. 5.) Respondents contend that, under a recent reformulation of the test for admiralty jurisdiction, Barber’s claim is not sufficiently related to maritime activities and is simply a negligence claim under California law.	1	1995–1995
Price v. Shell Oil Co. green cal · 1970 1 sentence 1978(E.g., Price v. Mosler (5th Cir.1973) 483 F.2d 275, 277-278 .) We find equally unpersuasive a final objection that the merger of the two principles somehow will abolish or adversely affect the liability of such intermediate entities in the chain of distribution as retailers ( Vandermark v. Ford Motor Co. (1964) 61 Cal.2d 256, 263 [ 37 Cal. Rptr. 896 , 391 P.2d 168 ]), and bailors ( Price v. Shell Oil Co., supra, 2 Cal.3d 245, 253 .) We foresee no such consequence.	1	1978–1978
Wilson M. Price v. John Mosler green ca5 · 1973 1 sentence 1978(E.g., Price v. Mosler (5th Cir.1973) 483 F.2d 275, 277-278 .) We find equally unpersuasive a final objection that the merger of the two principles somehow will abolish or adversely affect the liability of such intermediate entities in the chain of distribution as retailers ( Vandermark v. Ford Motor Co. (1964) 61 Cal.2d 256, 263 [ 37 Cal. Rptr. 896 , 391 P.2d 168 ]), and bailors ( Price v. Shell Oil Co., supra, 2 Cal.3d 245, 253 .) We foresee no such consequence.	1	1978–1978
Seas Shipping Co. v. Sieracki green scotus · 1946 2 sentences 1978We are strengthened in the foregoing conclusion by the federal experience under the maritime doctrine of "unseaworthiness." For decades, seamen have been permitted to recover from shipowners for injuries caused by defects rendering a vessel "unseaworthy." (E.g., The 739 Osceola (1903) 189 U.S. 158, 175 [ 47 L.Ed. 760, 764 , 23 S.Ct. 483 ].) As noted by many courts, the concept of "unseaworthiness" is not limited to or affected by notions of the shipowner's fault or due care, but applies to any deficiency of hull, equipment or crew, regardless of cause, which renders the ship less than reasona 1978We are strengthened in the foregoing conclusion by the federal experience under the maritime doctrine of "unseaworthiness." For decades, seamen have been permitted to recover from shipowners for injuries caused by defects rendering a vessel "unseaworthy." (E.g., The 739 Osceola (1903) 189 U.S. 158, 175 [ 47 L.Ed. 760, 764 , 23 S.Ct. 483 ].) As noted by many courts, the concept of "unseaworthiness" is not limited to or affected by notions of the shipowner's fault or due care, but applies to any deficiency of hull, equipment or crew, regardless of cause, which renders the ship less than reasona	1	1978–1978
Shaver v. Fidelity Bankers Trust Co. green scotus · 1946 2 sentences 1978We are strengthened in the foregoing conclusion by the federal experience under the maritime doctrine of "unseaworthiness." For decades, seamen have been permitted to recover from shipowners for injuries caused by defects rendering a vessel "unseaworthy." (E.g., The 739 Osceola (1903) 189 U.S. 158, 175 [ 47 L.Ed. 760, 764 , 23 S.Ct. 483 ].) As noted by many courts, the concept of "unseaworthiness" is not limited to or affected by notions of the shipowner's fault or due care, but applies to any deficiency of hull, equipment or crew, regardless of cause, which renders the ship less than reasona 1978*(Mitchell v. Trawler Racer, Inc. (1960) 362 U.S. 539, 550 [4 L.Ed.2d 941, 948, 80 S.Ct. 926 ]; Seas Shipping Co. v. Sieracki (1946) 328 U.S. 85, 94 [ 90 L.Ed. 1099, 1105-1106 , 66 S.Ct. 872 ], rehg. den., 328 U.S. 878 [ 90 L.Ed. 1646 , 66 S.Ct. 1116 ].) Nonetheless, comparative principles have been made applicable to suits brought under the “unseaworthiness” doctrine, a form of strict liability, and the degree to which plaintiff’s own negligence contributes to his injuries has been considered in determining the amount of his recovery.	1	1978–1978
Kane v. Union of Soviet Socialist Republics green ca3 · 1951 1 sentence 1974Appellant concedes that it was proper “to consider a pertinent statute of limitations, by way of analogy, in evaluating whether there has been a sufficient delay to warrant invocation of the doctrine of laches.” (See Kane v. Union of Soviet Socialist Republics (3d Cir. 1951) 189 F.2d 303 .) The three-year limitation provided for in the Jones Act is not the appropriate statute to look to in the present case.	1	1974–1974
Ryan Stevedoring Co. v. Pan-Atlantic Steamship Corp. red scotus · 1956 2 sentences 1974(Ryan Co. v. Pan-Atlantic Corp., 350 U.S. 124 [ 100 L.Ed. 133 , 76 S.Ct. 232 ]; Italia Soc. v. Ore. 1974(Ryan Co. v. Pan-Atlantic Corp., 350 U.S. 124 [ 100 L.Ed. 133 , 76 S.Ct. 232 ]; Italia Soc. v. Ore.	1	1974–1974

Statutes the citing opinions construe

USC § 28u.s.c.1333 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

LA 21 (1969–2014) CA 9 (1973–2021) NY 8 (1874–2000) FL 6 (1968–2019) WA 6 (1927–2021) TX 5 (1992–2014) AL 5 (1992–2025) MA 4 (1947–2006) CT 2 (1925–1991)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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