46 U.S.C. § 30302
Cause of action
When the death of an individual is caused by wrongful act, neglect, or default occurring on the high seas beyond 3 nautical miles from the shore of the United States, the personal representative of the decedent may bring a civil action in admiralty against the person or vessel responsible. The action shall be for the exclusive benefit of the decedent’s spouse, parent, child, or dependent relative.
Notes of Decisions
Cited in 65
cases (25 in the last 5 years), 2008–2026 · leading case: Loya v. Starwood Hotels & Resorts Worldwide, Inc., 583 F.3d 656 (9th Cir. 2009).
Loya v. Starwood Hotels & Resorts Worldwide, Inc., 583 F.3d 656 (9th Cir. 2009). “" 46 U.S.C. § 30302 (emphasis added). Loya distinguishes Pain because it involved multiple plaintiffs just one of whom was an American, whereas here the only plaintiff is a resident of the state of Washington; but that difference has nothing to do with the text of the statute…”
Patricia LaCourse v. Def. Support Servs. LLC, 980 F.3d 1350 (11th Cir. 2020). “” 46 U.S.C. § 30302 . Resisting PAE’s removal, LaCourse disputed that federal jurisdiction existed on any basis.”
Hassanati Ex Rel. Said v. Int'l Lease Fin. Corp., 643 F. App'x 620 (9th Cir. 2016). “See 46 U.S.C. § 30302 . Here, there is no genuine issue of material fact that Plaintiffs have not been appointed as personal representatives by a court and, therefore, did not have the capacity to bring the action.”
Fojtasek v. NCL (Bahamas) Ltd., 613 F. Supp. 2d 1351 (S.D. Fla. 2009). “Defendant first argues that because the Death on the High Seas Act (“DOHSA”), 46 U.S.C. § 30302 , 1 is Plaintiffs exclusive remedy, Plaintiff is barred from recovering non-pecuniary damages and from seeking recovery under the Florida Wrongful Death Act.”
McBride Ex Rel. I.M.S. v. Estis Well Serv., L.L.C., 768 F.3d 382 (5th Cir. 2014). “” 46 U.S.C. § 30302 ; see Bodden v. Am. Offshore, Inc.”
Atl. Sounding Co. v. Townsend, 557 U.S. 404 (2009). “See 46 U. S. C. §30302 . Because this case involves injuries to a seaman, and not death on the high seas, DOHSA is not relevant.”
Helman v. Alcoa Global Fasteners, Inc., 637 F.3d 986 (9th Cir. 2011). “46 U.S.C. § 30302 (2006). 1 The parties do not dispute that, under this provision, any accident occurring within three nautical miles from the shore of the United States is not subject to DOH-SA’s remedial scheme.”
Fraser v. Smith, 594 F.3d 842 (11th Cir. 2010). “46 U.S.C. § 30302 ; Mink ex rel. Ins. Co.”
Hassanati v. Int'l Lease Fin. Corp., 51 F. Supp. 3d 887 (C.D. Cal. 2014). “7 The court concluded that plaintiffs had not stated a claim under DOHSA because claims under that statute must be asserted by the personal representative of the decedent on behalf of the appropriate beneficiaries, see 46 U.S.C. § 30302 (“When the death of an individual is…”
Zhang Bin v. Boeing Co., 792 F.3d 805 (7th Cir. 2015). “But just as judges have not doubted that Congress can establish an air force even though the Constitution mentions only an army and a navy, so judges have concluded that airplanes over navigable waters should be treated the same as vessels— when a connection to maritime activity…”
Harrison v. Repub. of Sudan, 882 F. Supp. 2d 23 (D.D.C. 2012). “The district court then proceeded to the merits of plaintiffs’ claims and concluded that, even though Sudan was liable for plaintiff’s injuries, plaintiffs were only entitled to damages under the Death on the High Seas Act (DOHSA), 46 U.S.C. § 30302 . The Court held that…”
Melgares v. Sikorsky Aircraft Corp., 613 F. Supp. 2d 231 (D. Conn. 2009). “” 46 U.S.C. § 30302 . DOHSA clearly applies in the present case because plaintiffs’ decedents died on the high seas near Tenerife, Spain, well beyond three nautical miles from the shores of the United States.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.