46 U.S.C. § 30303
Amount and apportionment of recovery
The recovery in an action under this chapter shall be a fair compensation for the pecuniary loss sustained by the individuals for whose benefit the action is brought. The court shall apportion the recovery among those individuals in proportion to the loss each has sustained.
Notes of Decisions
Cited in 30
cases (7 in the last 5 years), 2007–2025 · leading case: McBride Ex Rel. I.M.S. v. Estis Well Serv., L.L.C., 768 F.3d 382 (5th Cir. 2014).
McBride Ex Rel. I.M.S. v. Estis Well Serv., L.L.C., 768 F.3d 382 (5th Cir. 2014). “at 620 ; 46 U.S.C. § 30303 . This DOHSA limitation, however, applies only to “the decedent’s spouse, parent, child, or dependent relative.”
Loya v. Starwood Hotels & Resorts Worldwide, Inc., 583 F.3d 656 (9th Cir. 2009). “46 U.S.C. § 30303 . [8] These include employees of the Club Regina Los Cabos and of the company that arranged the scuba diving trip; the person who drove Ricardo Loya to Cabo Pulmo, where the dive trip began; the captain of the dive boat; the owner and employees of the dive…”
Dutra Grp. v. Batterton, 139 S. Ct. 2275 (2019). “46 U.S.C. § 30303 (allowing "fair compensation for the pecuniary loss sustained" for a death on the high seas).”
Clodfelter v. Repub. of Sudan, 720 F.3d 199 (4th Cir. 2013). “The district court then calculated each plaintiffs pecuniary loss as required by the DOHSA, see 46 U.S.C. § 30303 (“The recovery in an action under this chapter shall be a fair compensation for the pecuniary loss sustained by the individuals for whose benefit the action is…”
Kennedy v. Carnival Corp., 385 F. Supp. 3d 1302 (S.D. Fla. 2019). “" 46 U.S.C. § 30303 . The Supreme Court has interpreted the universe of "pecuniary losses" to: Not [be] so narrow as to exclude damages for the loss of services of the husband, wife, or child, and when the beneficiary is a child, for the loss of that care, counsel, training, and…”
The Est. of Tore Myhra v. Royal Caribbean Cruises, Ltd., 695 F.3d 1233 (11th Cir. 2012). “See 46 U.S.C. § 30303 (limiting liability to pecuniary losses).”
Broberg v. Carnival Corp., 303 F. Supp. 3d 1313 (S.D. Fla. 2017). “Furthermore, the sequence of events supporting Plaintiff's intentional infliction of emotional distress claim remains unclear.”
Martins v. Royal Caribbean Cruises Ltd., 174 F. Supp. 3d 1345 (S.D. Fla. 2016). “DOHSA provides 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…”
Wheelings Ex Rel. Est. of Seals v. Seatrade Groningen, BV, 516 F. Supp. 2d 488 (E.D. Pa. 2007). “” 46 U.S.C.A. § 30303 . Non-pecuniary damages, not recoverable under the Death on the High Seas Act, means "damages for loss of care, comfort, and companionship.”
Lasky v. Royal Caribbean Cruises, Ltd., 850 F. Supp. 2d 1309 (S.D. Fla. 2012). “DOHSA provides that recovery under it “shall be a fair compensation for the pecuniary loss sustained by the individuals for whose benefit the action is brought.”
Tello v. Royal Caribbean Cruises, Ltd., 939 F. Supp. 2d 1269 (S.D. Fla. 2013). “46 U.S.C. § 30303 ; see also Sanchez, 626 F.”
Price v. Atl. Ro-Ro Carriers, 45 F. Supp. 3d 494 (D. Maryland 2014). “Compare 46 U.S.C. § 30303 (limiting DOHSA plaintiffs to pecuniary damages), and 46 U.”
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