46 U.S.C. § 30306
Foreign cause of action
When a cause of action exists under the law of a foreign country for death by wrongful act, neglect, or default on the high seas, a civil action in admiralty may be brought in a court of the United States based on the foreign cause of action, without abatement of the amount for which recovery is authorized.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 2008–2022 · leading case: Balachander v. Ncl (Bahamas) Ltd., 800 F. Supp. 2d 1196 (S.D. Fla. 2011).
Balachander v. Ncl (Bahamas) Ltd., 800 F. Supp. 2d 1196 (S.D. Fla. 2011). “Plaintiff argues that 46 U.S.C. § 30306 , a section of DOHSA, authorizes the recovery of damages under a Bahamian law that is similar in scope to Florida’s Wrongful Death Act.”
Smith v. Carnival Corp., 584 F. Supp. 2d 1343 (S.D. Fla. 2008). “Furthermore, contrary to Plaintiffs’ position, 46 U.S.C. § 30306 2 does not allow Plaintiffs “to pick and choose among provisions of U.”
Gavigan v. Celebrity Cruises Inc., 843 F. Supp. 2d 1254 (S.D. Fla. 2011). “Why Plaintiff would now argue, in an attempt to save his claim under Maltese law from dismissal, that DOHSA does not govern claims on the high seas remains unexplained on this record.”
Murray v. AET Inc. Ltd (S.D.N.Y. 2022). “§ 764) (“When a cause of action exists under the law of a foreign country for death by wrongful act, neglect, or default on the high seas, a civil action in admiralty may be brought in a court of the United States based on the foreign cause of action, without abatement of the…”
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