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1 1 (September 20, 2022)

handle is hein.crs/goveiwe0001 and id is 1 raw text is: Congressional_______ ~ Research Service Federal Admiralty and Maritime Jurisdiction Part 4: Torts and Maritime Contracts or Services September 20, 2022 This Legal Sidebar post is the fourth in a five-part series that discusses the bases and scope of U.S. admiralty and maritime jurisdiction. Last year, a supply-chain bottleneck arose at the nation's ports with as many as 101 container ships waiting for berths at the nation's Los Angeles and Long Beach ports in the weeks before Christmas. These delays added to the time it took to deliver the goods to market and increased the costs of transporting them. Claims for breaches of maritime contracts related to shipping delays may fall within U.S. admiralty and maritime jurisdiction. As a result, Congress may be interested in how this area of law operates. Additional information on this topic can be found at the Constitution Annotated: Analysis and Interpretation of the US. Constitution. In the modern era, most cases that fall within the courts' admiralty jurisdiction involve one of two subjects: torts committed on the high seas or other navigable waters; or maritime contracts or services, which often relate to shipping on navigable waters. State courts may have concurrent jurisdiction over maritime contract or tort claims that fall within federal admiralty jurisdiction when the defendant brings a personal action against a defendant, but generally only federal admiralty courts may exercise jurisdiction over cases in which the plaintiff seeks remedies against property in rem. Congress has also granted federal district courts sitting in admiralty exclusive and original jurisdiction over prize and seizure cases. Historically, prize cases have involved property (e.g., a ship) used by an enemy, captured during wartime, and brought into the United States. The court's jurisdiction extends to proceedings in which a party seeks to acquire title legally to property taken as a prize. Cases involving the seizure and forfeiture of vessels for violating federal law or another nation's laws also fall within the exclusive admiralty jurisdiction of federal courts. Vessels may be seized for engaging in activities such as conducting prohibited trade or violating the revenue laws. Federal courts also have exclusive jurisdiction over criminal cases against U.S. persons or vessels that arise within the United States' special maritime and territorial jurisdiction, which generally encompasses navigable waters within U.S. territory but outside of any particular state's jurisdiction. Congressional Research Service https://crsreports.congress.gov LSB10827 CRS Legal Sidebar Prepared for Members and Committees of Congress

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