Fathom Exploration, LLC v. Unidentified Shipwrecked Vessel or Vessels
857 F. Supp. 2d 1269
S.D. Ala.2012Background
- In rem arrest area established in 2004 near Mobile Bay; Fathom seeks possession, salvage award, and injunction for shipwrecks.
- Dispute centers on Shipwreck #1’s true identity, whether it is the ROBERT H. DIXEY or the British Barque AMSTEL.
- The case was stayed for identification; in July 2011 the court provisionally identified Shipwreck #1 as AMSTEL after briefing and limited discovery.
- The court concluded Shipwreck #1 is not the DIXEY due to location and cargo configuration, but found AMSTEL a possible match, not definitive.
- Under the Abandoned Shipwreck Act, Alabama may claim title if Shipwreck #1 is abandoned; the court plans a procedural path to resolve abandonment and notification of potential heirs.
- The court ordered ongoing archival work and a joint status report by April 9, 2012 to address abandonment procedures and heirs’ notice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Identity of Shipwreck #1 | DIXEY; DIXEY claims ownership | AMSTEL; AMSTEL claims ownership | Not DIXEY; AMSTEL provisionally identified |
| AMSTEL as Shipwreck #1 | AMSTEL corresponds to Shipwreck #1 | AMSTEL may fit; evidence is uncertain | Provisionally identified as AMSTEL, not conclusively proven |
| Abandonment under ASA | Any abandonment transfers title to Alabama | Abandonment must be proven clearly and convincingly | Abandonment issue reserved; joint status report ordered for procedure and heirs-notice considerations |
| Procedural path for abandonment resolution | Proceed with briefing and discovery | Need agreed process to resolve abandonment and heirs’ rights | Joint status report ordered by April 9, 2012; outline for abandonment adjudication to be proposed |
Key Cases Cited
- R.M.S. Titanic, Inc. v. The Wrecked and Abandoned Vessel, 435 F.3d 521 (4th Cir.2006) (abandonment; title; salvage claims considerations)
- Sea Hunt, Inc. v. Unidentified Shipwrecked Vessel or Vessels, 221 F.3d 634 (4th Cir.2000) (abandonment standards; evidentiary considerations)
- Great Lakes Exploration Group, LLC v. Unidentified Wrecked and (For Salvage-Right Purposes), Abandoned Sailing Vessel, 522 F.3d 682 (6th Cir.2008) (Abandoned shipwrecks; ASA preempts salvage law)