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7 U. S. F. Mar. L. J. 111 (1994-1995)
New Developments in Cruise Law

handle is hein.journals/usfm7 and id is 117 raw text is: New Developments in Cruise Law By WALTER T. JOHNSON & ANN GRAY MILLER* INTRODUCTION T HE law with respect to claims by passengers against cruise operators has seen some significant developments in the last year or so. In this paper we examine several recent decisions that should be of interest to those who practice in this area. I. Loss OF SOCIETY IN DEATH AND PERSONAL INJURY CASES: SUTTON V. EARLES AND CHAN V. SOCIETY EXPEDITIONS Loss of society or loss of consortium is sometimes the largest single element of damages in maritime wrongful death actions. Even in personal injury actions, the spouse of the injured party often brings suit for loss of consortium. In the wake of the U.S. Supreme Court's 1990 decision in Miles v. Apex Marine Corp.,1 there is an emerging consensus that damages for loss of society are no longer recoverable under general maritime law. The U.S. Court of Appeals for the Second Circuit, the Fifth Circuit, the state supreme courts of Texas and Alabama, and numerous district courts around the country are now part of that consensus. The Ninth Circuit, however, has gone its own way. In fact, it initially went two different ways in the summer of 1994, issuing two apparently irreconcilable opinions on the issue of damages for loss of society. In Sutton v. Earles,2 which involved the deaths of several * Mr. Johnson and Ms. Miller are partners in the San Francisco office of Lillick and Charles. Mr. Johnson received a B.A. degree from Stanford University, a Ph.D. from the University of California at Irvine, and his J.D. from Stanford University (1983). Ms. Miller received her B.A. from the University of San Diego and her J.D. from the University of San Francisco (1970). The Article Editor is Dana Filkowski, the Substantive Editor is Patrick Terry, and the Technical Editor is Matt Dentinger. This article was presented at the Pacific Admiralty Seminar in San Francisco, California, October 1994. 1. 498 U.S. 19, 1991 AMC 1 (1990). 2. 26 F.3d 903, 1994 AMC 2007 (9th Cir. 1994).

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