WEEK 4 AVIATION TORTS

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WEEK 4 AVIATION TORTS

• CLAIMS
• GENERALLY
• TEXAS
• ADMIRALTY

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WEEK 4 AVIATION TORTS

• CLAIMS
• GENERALLY

WRONGFUL DEATH PERSONAL INJURY PROPERTY -
BAGGAGE, FREIGHT
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WEEK 4 AVIATION TORTS
CLAIMS
JURISDICTION
SPECIFIC GENERAL
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JURISDICTION
SPECIFIC -- A controversy is related to or
arises out of a foreign defendants contacts
with the forum
GENERAL -- sufficient contacts between the
forum and the foreign defendant
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WEEK 4 AVIATION TORTS
JURISDICTION
HELICOPTEROS JONES TX CPRC 71.031
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WEEK 4 AVIATION TORTS
FORUM NON CONVENIENS
DOW v. ALFARO
DIRECT COLOR v. KODAK
TX CPRC 71.051
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WEEK 4 AVIATION TORTS
Dow v. Alfaro
71.031 PRECLUDES FNC
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WEEK 4 AVIATION TORTS
DIRECT COLOR v. KODAK
NOT A PI OR WD CASE FNC CAN APPLY
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Vernons Texas Statutes and Codes
Annotated Civil Practice and
Remedies Code Title 4.
Liability in Tort chapter 71. Wrongful
Death Survival Injuries
Occurring Out of state
Subchapter D. Forum Non Conveniens
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71.051. Forum Non Conveniens
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71.051. Forum Non Conveniens
(a) With respect to a plaintiff who is not a
legal resident of the United States, if a court
of this state, on written motion of a party,
finds that in the interest of justice a claim or
action to which this section applies would be
more properly heard in a forum outside this
state, the court may decline to exercise
jurisdiction under the doctrine of forum non
conveniens and may stay or dismiss the claim or
action in whole or in part on any conditions
that may be just.
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71.051. Forum Non Conveniens
(b) With respect to a plaintiff who is a legal
resident of the United States, on written motion
of a party, a claim or action to which this
section applies may be stayed or dismissed in
whole or in part under the doctrine of forum non
conveniens if the party seeking to stay or
dismiss the claim or action proves by a
preponderance of the evidence that
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71.051. Forum Non Conveniens
(1) an alternative forum exists in which the
claim or action may be tried
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71.051. Forum Non Conveniens
(1) an alternative forum exists in which the
claim or action may be tried
(2) the alternate forum provides an adequate
remedy
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71.051. Forum Non Conveniens
(1) an alternative forum exists in which the
claim or action may be tried
(2) the alternate forum provides an adequate
remedy
(3) maintenance of the claim or action in the
courts of this state would work a substantial
injustice to the moving party
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71.051. Forum Non Conveniens
(1) an alternative forum exists in which the
claim or action may be tried
(2) the alternate forum provides an adequate
remedy
(3) maintenance of the claim or action in the
courts of this state would work a substantial
injustice to the moving party
(4) the alternate forum, as a result of the
submission of the parties or otherwise, can
exercise jurisdiction over all the defendants
properly joined to the plaintiffs claim
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71.051. Forum Non Conveniens
(1) an alternative forum exists in which the
claim or action may be tried
(2) the alternate forum provides an adequate
remedy
(3) maintenance of the claim or action in the
courts of this state would work a substantial
injustice to the moving party
(4) the alternate forum, as a result of the
submission of the parties or otherwise, can
exercise jurisdiction over all the defendants
properly joined to the plaintiffs claim
(5) the balance of the private interests of the
parties and the public interest of the state
predominate in favor of the claim or action
being brought in an alternate forum and
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71.051. Forum Non Conveniens
(1) an alternative forum exists in which the
claim or action may be tried
(2) the alternate forum provides an adequate
remedy
(3) maintenance of the claim or action in the
courts of this state would work a substantial
injustice to the moving party
(4) the alternate forum, as a result of the
submission of the parties or otherwise, can
exercise jurisdiction over all the defendants
properly joined to the plaintiffs claim
(5) the balance of the private interests of the
parties and the public interest of the state
predominate in favor of the claim or action
being brought in an alternate forum and
(6) the stay or dismissal would not result in
unreasonable duplication or proliferation of
litigation.
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CHANGES TO 71.051 EFFECTIVE 9-1-03
(a) REPEALED
(b) If a court of this state, on written motion
of a party, finds that in the interest of justice
and for the convenience of the parties a claim
or action to which this section applies would be
more properly heard in a forum outside this
state, the court shall decline to exercise
jurisdiction under the doctrine of forum non
conveniens and shall stay or dismiss the claim or
action. In determining whether to grant a
motion to stay or dismiss an action under the
doctrine of forum non conveniens, the court may
consider whether (1) - (6) (SEE FACTORS UNDER
OLD (b))
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WEEK 4 AVIATION TORTS
FORUM NON CONVENIENS
POST 71.051
BAKER V. BELL
INTERESTS OF JUSTICE
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WEEK 4 AVIATION TORTS
STATUTE OF LIMITATIONS
TX CIVIL PRACTICE REMEDIES CODE 16.003
two years after the day the cause of action
accrues
cause of action accrues on the death
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WEEK 4 AVIATION TORTS
STATUTE OF LIMITATIONS
MORENO v. STERLING DRUGS
DISCOVERY RULE DOESNT APPLY
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WEEK 4 AVIATION TORTS
ADMIRALTY
GENERAL MARITIME
STATUTORY MARITIME
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WEEK 4 AVIATION TORTS
GENERAL MARITIME

• MORAGNE
• COMIND

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GENERAL MARITIME
Moragne v. State Marine Lines, Inc.
Wrongful death
Non statutory right
Overturns Harrisburg
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GENERAL MARITIME
Comind, et al v. Sikorsky
Aviation case using admiralty law
Similarity of function
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WEEK 4 AVIATION TORTS
STATUTORY MARITIME
DEATH ON THE HIGH SEAS ACT
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46 App. U.S.C. 761, et seq. Death on
the High Seas by Wrongful Act
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Sec. 761. Right of action where and by whom
brought
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Sec. 761. Right of action where and by whom
brought Whenever the death of a person shall
be caused by wrongful act, neglect, or default
occurring on the high seas beyond a marine league
from the shore of any State, or the District of
Columbia, or the Territories or dependencies of
the United States, the personal representative of
the decedent may maintain a suit for damages in
the district courts of the United States, in
admiralty, for the exclusive benefit of the
decedents wife, husband, parent, child, or
dependent relative against the vessel, person,
or corporation which would have been liable if
death had not ensued.
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Sec. 762. Amount and apportionment of recovery
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Sec. 762. Amount and apportionment of recovery
The recovery in such suit shall be a fair and
just compensation for the pecuniary loss
sustained by the persons for whose benefit the
suit is brought and shall be apportioned among
them by the court in proportion to the loss they
may severally have suffered by reason of the
death of the person by whose representative the
suit is brought.
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STATUTORY MARITIME
ZICHERMAN
DOOLEY
MOBIL OIL
OFFSHORE LOGISTICS
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ZICHERMAN
Warsaw case
DOSHA applies
Non-pecuniary damages
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DOOLEY
SURVIVAL CLAIM
DOHSA - Exclusive remedy?
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MOBIL OIL
Helicopter - Gulf of Mexico
Filing the gap
EFFECT OF MORAGNE
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OFFSHORE LOGISTICS
Effect of Savings Clause in DOHSA
Jurisdictional
Supplemental recovery?
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SEC. 404. DEATH ON THE HIGH SEAS.
POST TWA 800 and SWISS AIR 111
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SEC. 404. DEATH ON THE HIGH SEAS.
(a) RIGHT OF ACTION IN COMMERCIAL AVIATION
ACCIDENTS. The first section of the Act of
March 30, 1920 (46 U.S.C. App. 761 popularly
known as the Death on the Highs Seas Act) is
amended-

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SEC. 404. DEATH ON THE HIGH SEAS.
(a) RIGHT OF ACTION IN COMMERCIAL AVIATION
ACCIDENTS. The first section of the Act of
March 30, 1920 (46 U.S.C. App. 761 popularly
known as the Death on the Highs Seas Act) is
amended-
(1) by inserting (a) subject to subsection (b),
before whenever and
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SEC. 404. DEATH ON THE HIGH SEAS.
(a) RIGHT OF ACTION IN COMMERCIAL AVIATION
ACCIDENTS. The first section of the Act of
March 30, 1920 (46 U.S.C. App. 761 popularly
known as the Death on the Highs Seas Act) is
amended-
(1) by inserting (a) subject to subsection (b),
before whenever and
(2) by adding at the end the following
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SEC. 404. DEATH ON THE HIGH SEAS.
(b) In the case of a commercial aviation
accident, whenever the death of a person shall
be caused by wrongful act, neglect, or default
occurring on the high seas 12 nautical miles or
closer to the shore of any State, or the
District of Columbia, or the Territories or
dependencies of the United States, this Act
shall not apply and the rules applicable under
Federal, State, and other appropriate law shall
apply.

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SEC. 404. DEATH ON THE HIGH SEAS.
(b) COMPENSATION IN COMMERCIAL AVIATION
ACCIDENTS.- Section 2 of such Act (46) U.S.C.
App. 762) is amended


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SEC. 404. DEATH ON THE HIGH SEAS.
(b) COMPENSATION IN COMMERCIAL AVIATION
ACCIDENTS.- Section 2 of such Act (46) U.S.C.
App. 762) is amended
(1) by inserting (a) before the recovery and


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SEC. 404. DEATH ON THE HIGH SEAS.
(b) COMPENSATION IN COMMERCIAL AVIATION
ACCIDENTS.- Section 2 of such Act (46) U.S.C.
App. 762) is amended
(1) by inserting (a) before the recovery and
(2) by adding at the end the following

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SEC. 404. DEATH ON THE HIGH SEAS.
(b) COMPENSATION IN COMMERCIAL AVIATION
ACCIDENTS.- Section 2 of such Act (46) U.S.C.
App. 762) is amended
(1) by inserting (a) before the recovery and
(2) by adding at the end the following
(b)(1) If the death resulted from a commercial
aviation accident occurring on the high seas
beyond 12 nautical miles from the shore of any
Sate, or the District of Columbia, or the
Territories or dependencies of the United
States, additional compensation for nonpecuniary
damages for wrongful death of a decedent is
recoverable. Punitive damages are not
recoverable.

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SEC. 404. DEATH ON THE HIGH SEAS.
(b) COMPENSATION IN COMMERCIAL AVIATION
ACCIDENTS.- Section 2 of such Act (46) U.S.C.
App. 762) is amended
(1) by inserting (a) before the recovery and
(2) by adding at the end the following
(b)(1) If the death resulted from a commercial
aviation accident occurring on the high seas
beyond 12 nautical miles from the shore of any
Sate, or the District of Columbia, or the
Territories or dependencies of the United States,
additional compensation for nonpecuniary damages
for wrongful death of a decedent is recoverable.
Punitive damages are not recoverable.

(2) In this subsection, the term nonpecuniary
damages means for loss of care, comfort, and
companionship.
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SEC. 404. DEATH ON THE HIGH SEAS.
(c) EFFECTIVE DATE.- The amendments made by
subsections (a) and (b) shall apply to any death
occurring after July 16, 1996.