Sisson v. Ruby
Opinion of the Court
delivered the opinion of the Court.
We must decide whether 28 U. S. C. §1333(1), which grants federal district courts jurisdiction over “[a]ny civil case of admiralty or maritime jurisdiction,” confers federal jurisdiction over petitioner’s limitation of liability suit brought in connection with a fire on his vessel. We hold that it does.
Until recently, § 1333(1) jurisdiction over tort actions was determined largely by the application of a “locality” test. As this Court stated the test in The Plymouth, 3 Wall. 20,
Although our holding in Executive Jet was limited by its terms to cases involving aviation torts, that case’s “thorough discussion of the theoretical and practical problems inherent in broadly applying the traditional locality rule . . . prompted several courts and commentators to construe Executive Jet as applying to determinations of federal admiralty jurisdiction outside the context of aviation torts.” Foremost Ins. Co. v. Richardson, 457 U. S. 668, 673 (1982). In Foremost, we approved this broader interpretation of Executive Jet. 457 U. S., at 673. Foremost involved a collision, on what we assumed to be navigable waters, id., at 670, n. 2, between an 18-foot pleasure boat and a 16-foot recreational fishing boat, see Richardson v. Foremost Ins. Co., 470 F. Supp. 699, 700 (MD La. 1979). Neither vessel had ever been engaged in any commercial maritime activity. 457 U. S., at 670-671.
“cannot be adequately served if admiralty jurisdiction is restricted to those individuals actually engaged in commercial maritime activity. This interest can be fully vindicated only if all operators of vessels on navigable waters are subject to uniform rules of conduct. The failure to recognize the breadth of this federal interest ignores the potential effect of noncommercial maritime activity on maritime commerce. . . . The potential disruptive impact of a collision between boats on navigable waters, when coupled with the traditional concern that admiralty law holds for navigation, compels the conclusion that this collision between two pleasure boats on navigable waters has a significant relationship with maritime commerce.” Id., at 674-675 (footnote omitted).
In a footnote to the above passage, we noted that “[n]ot every accident in navigable waters that might disrupt maritime commerce will support federal admiralty jurisdiction,” id., at 675, n. 5 (citing Executive Jet), but that when a “potential hazard to maritime commerce arises out of activity that bears a substantial relationship to traditional maritime activity, as does the navigation of boats in this case, admiralty jurisdiction is appropriate.” 457 U. S., at 675, n. 5.
This case involves a fire that began on a noncommercial vessel at a marina located on a navigable waterway. Certainly, such a fire has a potentially disruptive impact on maritime commerce, as it can spread to nearby commercial vessels or make the marina inaccessible to such vessels. Indeed, fire is one of the most significant hazards facing commercial vessels.
Respondents’ only argument to the contrary is that the potential effect on maritime commerce in this case was minimal because no commercial vessels happened to be docked at the marina when the fire occurred. This argument misunderstands the nature of our inquiry. We determine the potential impact of a given type of incident by examining its general character. The jurisdictional inquiry does not turn on the actual effects on maritime commerce of the fire on Sisson’s vessel; nor does it turn on the particular facts of the incident in this case, such as the source of the fire or the specific location of the yacht at the marina, that may have rendered the fire on the Ultorian more or less likely to disrupt commercial activity. Rather, a court must assess the general features of the type of incident involved to determine whether such an incident is likely to disrupt commercial activity. Here, the general features — a fire on a vessel docked at a marina on navigable waters — plainly satisfy the requirement of potential disruption to commercial maritime activity.
Our approach here comports with the way in which we characterized the potential disruption of the types of incidents involved in Executive Jet and Foremost. This first aspect of the jurisdictional test was satisfied in Executive Jet because “an aircraft sinking in the water could create a hazard for the navigation of commercial vessels in the vicinity.” Foremost, 457 U. S., at 675, n. 5. Likewise, in Foremost the Court noted “[t]he potentially] disruptive impact of a collision between boats on navigable waters.” Id., at 675. Indeed, we supported our finding of potential disruption there with a description of the likely effects of a collision at the mouth of the St. Lawrence Seaway, ibid., an area heavily traveled by commercial vessels, even though the place where the collision actually had occurred apparently was “seldom, if ever, used for commercial traffic,” id., at 670, n. 2. Our
We now turn to the second half of the Foremost test, under which the party seeking to invoke maritime jurisdiction must show a substantial relationship between the activity giving rise to the incident and traditional maritime activity. As a first step, we must define the relevant activity in this case. Our cases have made clear that the relevant “activity” is defined not by the particular circumstances of the incident, but by the general conduct from which the incident arose. In Executive Jet, for example, the relevant activity was not a plane sinking in Lake Erie, but air travel generally. 409 U. S., at 269-270. See also Foremost, supra, at 675-677 (relevant activity is navigation of vessels generally). This
Our final inquiry, then, is whether the storage and maintenance of a boat at a marina on navigable waters has a substantial relationship to a “traditional maritime activity” within the meaning of Executive Jet and Foremost.
Clearly, the storage and maintenance of a vessel at a marina on navigable waters is substantially related to “traditional maritime activity” given the broad perspective demanded by the second aspect of the test. Docking a vessel at a marina on a navigable waterway is a common, if not indispensable, maritime activity. At such a marina, vessels are stored for an extended period, docked to obtain fuel or supplies, and moved into and out of navigation. Indeed, most maritime voyages begin and end with the docking of the craft at a marina. We therefore conclude that, just as navigation, storing and maintaining a vessel at a marina on a navigable waterway is substantially related to traditional maritime activity.
For the foregoing reasons, we conclude that the District Court has jurisdiction over Sisson’s limitation claim pursuant to §1333(1). Neither the District Court nor the Court of Appeals has addressed the merits of Sisson’s claim, and we therefore intimate no view on that matter. The judgment of the Court of Appeals is reversed, and the case is remanded for further proceedings consistent with this opinion.
So ordered.
Sisson has also argued throughout this litigation that the Limited Liability Act, Rev. Stat. §4281 et seq., 46 U. S. C. App. § 181 et seq. (1982 ed., Supp. V), provides an independent basis for federal jurisdiction. Respondents contend that the Act does not create jurisdiction, but instead may be invoked only in cases otherwise within the maritime jurisdiction of § 1333(1). We need not decide which party is correct, for even were we to agree that the Limited Liability Act does not independently provide a basis for this action, § 1333(1) is sufficient to confer jurisdiction. Petitioner also argues that the Admiralty Extension Act, 62 Stat. 496, 46 U. S. C. App.
Justice Scalia argues that we should abandon the requirement that the incident have the potential for disrupting maritime commerce. He argues that, “as a practical matter, every tort occurring on a vessel in navigable waters” should give rise to maritime jurisdiction, post, at 373 (emphasis added), no matter how divorced the incident from the purposes that give rise to such jurisdiction. Justice Scalia- is correct that his approach would be simpler to apply than the one embraced by Executive Jet and Foremost and that, all things being equal, simpler jurisdictional formulae are to be preferred. Such a preference, in fact, informs our refusal to consider the particulars of the fire on the Ultorian in determining whether maritime jurisdiction lies. . See supra, at 363. But the demand for tidy rules can go too far, and when that demand entirely divorces the jurisdictional inquiry from the purposes that support the exercise of jurisdiction, it has gone too far. In Foremost, the Court unanimously agreed that the purpose underlying the existence of federal maritime jurisdiction is the federal interest in the protection of maritime commerce, and that a case must implicate that interest to give rise to such jurisdiction. Compare Foremost, 467 U. S., at 674-675, with id., at 679-680 (Powell, J., dissenting). The only point of debate in Foremost was whether the Court was straying too far from that purpose by requiring no more than that the wrong have a potentially disruptive impact on maritime commerce and arise from an activity with a substantial relationship to traditional maritime activity. Justice Scalia’s view that Foremost did not go far enough is thus plainly inconsistent with the unanimous view of the Court in Foremost.
In this case, all of the instrumentalities involved in the incident were engaged in a similar activity. The Ultorian and the other craft damaged by the fire were docked at a marina, and the marina itself provided docking and related services. The facts of Executive Jet and Foremost also reveal that all the relevant entities were engaged in a common form of activity. See Executive Jet Aviation, Inc. v. City of Cleveland, 409 U. S. 249 (1972) (entities involved in the incident were engaged in nonmaritime activity of facilitating air travel); Foremost Ins. Co. v. Richardson, 457 U. S. 668 (1982) (entities were both engaged in navigation). Different issues may be raised by a ease in which one of the instrumentalities is engaged in a traditional maritime activity, but the other is not. Our resolution of such issues awaits a case that squarely raises them.
The Circuits have interpreted this aspect of the jurisdictional inquiry variously. After Executive Jet, but before Foremost, the Fifth Circuit adopted a four-factor test for deciding whether an activity is substantially related to traditional maritime activity. The factors are “the functions and roles of the parties; the types of vehicles and instrumentalities involved; the causation and the type of injury; and traditional concepts of the role of admiralty law.” Kelly v. Smith, 485 F. 2d 520, 525 (1973). In other Circuits, this test has continued to dominate the landscape even in the wake of Foremost. See, e. g., Drake v. Ray mark Industries, Inc., 772 F. 2d 1007, 1015 (CA1 1985); Guidry v. Durkin, 834 F. 2d 1465, 1471 (CA9 1987); Leivis Charters, Inc. v. Huckins Yacht Corp., 871 F. 2d 1046, 1051 (CA11 1989). The Fourth Circuit appears to follow Kelly as well, although how closely is unclear. Compare Oman v. Johns-Manville Corp.,
Other Circuits have adopted different approaches. The Seventh Circuit in this case held that an activity must either be commercial or involve navigation to satisfy the “traditional maritime activity” standard. In re Complaint of Sisson, 867 F. 2d 341, 345 (1989). The Second Circuit directly applies our language requiring a substantial relationship to traditional maritime activity without applying any additional factors. See Keene Corp. v. United States, 700 F. 2d-836, 844 (1983); Kelly v. United States, 531 F. 2d 1144, 1147-1148 (1976). Finally, the Sixth Circuit has criticized the Seventh Circuit’s analysis in this case as “an indefensibly narrow reading of Foremost Insurance,” In re Young, 872 F. 2d 176, 178-179, n. 4 (1989), but has not set forth in concrete terms the test it would apply, cf. Petersen v. Chesapeake & Ohio R. Co., 784 F. 2d 732, 736 (1986).
The parties and various amici suggest that we resolve this dispute by adopting one of the Circuits’ tests (or some other test entirely). We believe that, at least in cases in which all of the relevant entities are engaged in similar types of activity (cf. n. 3, supra), the formula initially suggested by Executive Jet and more fully refined in Foremost and in this case provides appropriate and sufficient guidance to the federal courts. We therefore decline the invitation to use this case to refine further the test we have developed.
Concurring Opinion
with whom Justice White joins, concurring in the judgment.
I agree that the District Court has jurisdiction over this case under 28 U. S. C. § 1333(1),
In The Plymouth, 3 Wall. 20, 36 (1866), we stated that “[ejvery species of tort, however occurring, and whether on board a vessel or not, if upon the high seas or navigable waters, is of admiralty cognizance.” Despite that passage, however, we held in Executive Jet Aviation, Inc. v. City of Cleveland, supra, that a tort action involving the crash of a jet aircraft in Lake Erie was not a “civil case of admiralty or maritime jurisdiction” within the meaning of § 1333(1), even assuming the accident could be regarded as having “occurred” on navigable waters. We acknowledged the tradi
“If a swimmer at a public beach is injured by another swimmer or by a submerged object on the bottom, or if a piece of machinery sustains water damage from being dropped into a harbor by a land-based crane, a literal application of the locality test invokes not only the jurisdiction of the federal courts, but the full panoply of the substantive admiralty law as well. In cases such as these, some courts have adhered to a mechanical application of the strict locality rule and have sustained admiralty jurisdiction despite the lack of any connection between the wrong and traditional forms of maritime commerce and navigation.” Id., at 255-256.
We noted the general criticism of these cases, and pointed out the particular difficulties that had arisen from efforts to apply a “locality-alone” test to cases involving airplane crashes. Accordingly, we interpreted § 1333(1) to require, in the case of torts involving aircraft, not only that the Plymouth “locality” requirement be met, but also that “the wrong bear a significant relationship to traditional maritime activity,” Executive Jet, 409 U. S., at 268. We concluded that wrongs in connection with “flights by land-based aircraft between points within the continental United States,” id., at 274, did not meet this test.
Our decision in Executive Jet could be understood as resting on the quite simple ground that the tort did not involve a
In Foremost Ins. Co. v. Richardson, supra, however, a case involving the collision of two pleasure boats on what we presumed to be navigable waters, we read Executive Jet for the broader proposition that a “significant relationship to traditional maritime activity” is required even for torts involving vessels. “Because the 'wrong’ here,” we said, “involves the negligent operation of a vessel on navigable waters, we believe that it has a sufficient nexus to traditional maritime activity to sustain admiralty jurisdiction in the District Court.” 457 U. S., at 674. We then proceeded to consider and reject the petitioner’s argument that outside the strictly commercial context “the need for uniform rules to govern conduct and liability disappears, and ‘federalism’ concerns dictate that these torts, be litigated in the state courts.” Ibid. To the contrary, we concluded, traditional admiralty concerns arise whenever the rules of navigation are implicated in a particular suit; a pleasure boat’s failure to follow the “uniform rules of conduct” that govern navigation on navigable waters could have a “potential disruptive impact” on maritime commerce just as surely as could a similar transgression by a commercial vessel. Id., at 675.
This discussion in Foremost has caused many lower courts to read the opinion as not only requiring a “significant relationship to traditional maritime activity” in all cases, i. e., even when a vessel is involved, but as requiring more specifi
What today’s opinion achieves for admiralty torts is reminiscent of the state of the law with respect to admiralty contracts. The general test, of course, must be whether the
The sensible rule to be drawn from our cases, including Executive Jet and Foremost, is that a tort occurring on a vessel conducting normal maritime activities in navigable waters — that is, as a practical matter, every tort occurring on a vessel in navigable waters —falls within the admiralty jurisdiction of the federal courts. Foremost is very clear that the Executive Jet requirement that the wrong bear a “significant relationship to traditional maritime activity” applies across the board. But it is not conclusive as to what is required to establish such a relationship in the case of torts aboard vessels. The “wrong” in Foremost not only occurred on a vessel while it was engaged in traditional maritime activity (navigating), but also consisted precisely of conducting that activity in a tortious fashion — and the discussion emphasized the latter reality. But the holding of the case did not establish (and could not, since the facts did not present the question) that the former alone would not suffice. In the case of a vessel it traditionally had sufficed, and Foremost gave no indication that it was revolutionizing admiralty jurisdiction. It is noteworthy, moreover, that a later case, Offshore Logistics, Inc. v. Tallentire, 477 U. S. 207 (1986), described the Executive Jet “relationship” requirement not with reference to the cause of the injury, but with reference to the activity that was being engaged in when the injury occurred: “[AJdmiralty jurisdiction is appropriately invoked here under traditional principles because the accident occurred on the high seas and in furtherance of an activity [transporting workers to a drilling platform at sea] bearing a significant relationship to a traditional maritime activity.” 477 U. S., at 218-219. I would
This approach might leave within admiralty jurisdiction a few unusual actions such as defamation for “a libel published and circulated exclusively on shipboard,” Hough, supra, at 531,
“The boundary between judicial power and nullity should ... , if possible, be a bright line, so that very little thought is required to enable judges to keep inside it. If, on the contrary, that boundary is vague and obscure, raising ‘questions of penumbra, of shadowy marches,’ two bad consequences will ensue similar to those on the traffic artery. Sometimes judges will be misled into trying lengthy cases and laboriously reaching decisions which do not bind anybody. At other times, judges will be so fearful of exceeding the uncertain limits of their powers that they will cautiously throw out disputes which they really have capacity to settle, and thus justice which badly needs to be done will be completely denied. Furthermore, an enormous amount of expensive legal ability will be used up on jurisdictional issues when it could be much better spent upon elucidating the merits of cases. In short, a trial judge ought to be able to tell easily and fast what belongs in his court and what has no business there.” Z. Chafee, The Thomas M. Cooley Lectures, Some Problems of Equity 312 (1950) (quoting Hanover Star Milling Co. v. Metcalf, 240 U. S. 403, 426 (1916) (Holmes, J., concurring)).
For these reasons, I concur in the judgment.
Like the Court, because I conclude that the claims sought to be pursued against petitioner are maritime in nature, I do not reach the question whether, if jurisdiction did not exist on that basis, there would exist an independent basis for jurisdiction under the provisions of the Limited Liability Act, 46 U. S. C. App. § 181 et seq. (1982 ed., Supp. V).
The Court describes this point as a “demand for tidy rules.” Ante, at 364, n. 2. I think it is rather an aversion to chaos — of the sort represented by the conflicting lower court decisions that the Court painstakingly describes, ante, at 365-366, n. 4, but makes no effort to alleviate. The Court’s statement that “the formula initially suggested by Executive Jet and more fully refined in Foremost and in this case provides appropriate and sufficient guidance,” ante, at 366, n. 4, is neither an accurate description of the past nor a plausible prediction for the future.
Those music lovers are better than I who immediately recognize Gérol-stein as the fictitious European principality that is the setting of Offenbach’s once-popular operetta, La Grande-Duchesse de Gérolstein.
As Professor Black has put it, in the field of maritime contracts “[t]he attempt to project some ‘principle’ is best left alone. There is about as much ‘principle’ as there is in a list of irregular verbs. Fortunately, the contracts involved tend to fall into a not-too-great number of stereotypes, the proper placing of which can be learned, like irregular verbs, and errors in grammar thus avoided.” Black, Admiralty Jurisdiction: Critique and Suggestions, 50 Colum. L. Rev. 259, 264 (1950) (footnote omitted).
It should not be thought that this approach will bring within admiralty jurisdiction torts occurring in navigable waters aboard any craft designed to carry people or cargo and to float. For a discussion of what constitutes a “vessel,” see generally G. Robinson, Handbook of Admiralty Law in the United States §8, pp. 42-50 (1939). The definition is not necessarily static. “The modern law of England and America rules out of the admiralty jurisdiction all vessels propelled by oars simply because they are the smallest class and beneath the dignity of the court of admiralty; but long within the historic period, and for at least seven hundred years, the triremes and quadriremes of the Greek and Roman navies were the largest and most powerful vessels afloat.” The Robert W. Parsons, 191 U. S. 17, 32-33 (1903).
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