Applicable Law
A state court hearing an admiralty or maritime case is required to apply the admiralty and maritime law, even if it conflicts with the law of the state, under a doctrine known as the "reverse-Erie doctrine." The Erie doctrine, derived from Erie Railroad Co. v. Tompkins, directs that federal courts hearing state actions must apply state law. The "reverse-Erie doctrine" directs that state courts hearing admiralty cases must apply federal admiralty law. This distinction is critical in some cases.
For instance, U.S. maritime law recognizes the concept of joint and several liability among tortfeasors, while many states do not. Under joint and several liability, where two or more people create a single injury or loss, all are equally liable, even if they only contributed a small amount. A state court hearing an admiralty case would be required to apply the doctrine of joint and several liability even if state law does not contemplate the concept.
Read more about this topic: United States Maritime Law
Famous quotes containing the words applicable and/or law:
“I am afraid I am one of those people who continues to read in the hope of sometime discovering in a book a single—and singular—piece of wisdom so penetrating, so soul stirring, so utterly applicable to my own life as to make all the bad books I have read seem well worth the countless hours spent on them. My guess is that this wisdom, if it ever arrives, will do so in the form of a generalization.”
—Joseph Epstein (b. 1937)
“Nor has science sufficient humanity, so long as the naturalist overlooks the wonderful congruity which subsists between man and the world; of which he is lord, not because he is the most subtile inhabitant, but because he is its head and heart, and finds something of himself in every great and small thing, in every mountain stratum, in every new law of color, fact of astronomy, or atmospheric influence which observation or analysis lay open.”
—Ralph Waldo Emerson (1803–1882)