Law Students
: Life of a Law StudentMaritime Law #4: Recovery of Non-Pecuniary Damages (with Prof. Force)
If you have taken civil procedure or listened to one of Neil’s podcasts on the subject, you may be familiar with the Erie doctrine. In matters of admiralty law, the reverse Erie doctrine applies; common law is created by the federal judiciary. Such federal common law rules are even binding on state courts hearing an admiralty case. Professor Robert Force, the founding director of the Maritime Law Institute at Tulane University Law School has written several articles on how a 1990 Supreme Court case has affected maritime wrongful death and personal injury actions. Specifically, the Court in Miles v. Apex Marine Corp. held that prohibitions against the recovery of non-pecuniary damages in statutorily created personal injury and wrongful death actions also applied to actions under general maritime law (read federal common law). In this episode, I interview Professor Force, who provides some background on the judicial landscape of maritime tort actions as well as his analysis of the Miles decision.
Miles v. Apex Marine Corp.
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Full post as published by Life of a Law Student on January 31, 2007 (boomark / email).

The estate of a decedent was limited to recovery of only pecuniary losses as a matter of law against the manufacturer of a vessel that sank, killing the decedent, because the estate expressly premised its claim on 46 U.S.C.S. § 30104(a) as the decedent w
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I was fired on June 3, 2002 in Massachusetts because I reported discriminatory behavior by the employer towards a particular nationality. In July I filed a discrimination/retaliation complaint against the employer with t
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