MLC Fishing, Inc. v. Velez
667 F.3d 140
2d Cir.2011Background
- MLC Fishing, Inc. seeks exoneration from or limitation of liability for the vessel Capt. Mike.
- Velez allegedly slipped on a ramp from Capt. Mike’s Marina to a floating dock while intending to go fishing as a passenger.
- The district court dismissed the complaint for lack of subject-matter jurisdiction.
- The ramp was held to be an extension of land, not part of navigable waters, so the incident falls outside admiralty jurisdiction.
- The court also held the Limitation Act does not confer independent jurisdiction over non-navigable-water incidents.
- Judgment affirming dismissal was entered in favor of Velez.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the accident occurred on or over navigable waters | MLC argued admiralty jurisdiction applies | Velez contends the accident did not occur on navigable waters | Not applicable; ramp treated as land, not navigable waters |
| Whether the Limitation Act provides independent jurisdiction | Limitation Act grants jurisdiction beyond navigable-water incidents | Limitation Act does not confer independent admiralty jurisdiction | Limitation Act does not create independent jurisdiction for non-navigable-water incidents |
| Whether the district court properly dismissed for lack of subject-matter jurisdiction | Applicant argued there is jurisdiction under admiralty or Limitation Act | District court correctly found no jurisdiction | Affirmed: no admiralty jurisdiction and no independent Limitation Act jurisdiction |
Key Cases Cited
- Victory Carriers, Inc. v. Law, 404 U.S. 202 (1971) (docks and piers as extensions of land; not maritime objects)
- Vasquez v. GMD Shipyard Corp., 582 F.3d 293 (2d Cir. 2009) (uniform rules of conduct; Grubart two-prong test applied)
- Grubart, Inc. v. Great Lakes Dredge & Dock Co., 513 U.S. 527 (1995) (two-part test for maritime jurisdiction: navigable waters and nexus to maritime activity)
- S. Port Marine, LLC v. Gulf Oil Ltd. P’ship, 234 F.3d 58 (1st Cir. 2000) (floating docks not maritime objects; extension of land)
- Cope v. Vallette Dry-Dock Co., 119 U.S. 625 (1887) (floating dry-dock not navigation; not admiralty jurisdiction)
- Seven Resorts, Inc. v. Cantlen, 57 F.3d 771 (9th Cir. 1995) (Limitation Act does not confer admiralty jurisdiction)
- Guillory v. Outboard Motor Corp., 956 F.2d 114 (5th Cir. 1992) (Limitation Act not independent jurisdiction)
- David Wright Charter Serv. of N.C., Inc. v. Wright, 925 F.2d 783 (4th Cir. 1991) (Limitation Act not independent jurisdiction)
- Three Buoys Houseboat Vacations U.S.A. Ltd. v. Morts, 921 F.2d 775 (8th Cir. 1990) (Limitation Act jurisdiction limitations)
- Sisson v. Ruby, 497 U.S. 358 (1990) (discussed Limitation Act jurisdiction)
- Skilling v. United States, 130 S. Ct. 2896 (2010) (treats jurisdictional limits and statutory interpretation)