35 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 251,689 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 265,662 times 364 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
East River S. S. Corp. v. Transamerica Delaval
476 U.S. 858 (1986) Cited 1,283 times 11 Legal Analyses
Holding that no products-liability claim lies in admiralty when the only injury claimed is economic loss
Executive Jet Aviation v. City of Cleveland
409 U.S. 249 (1972) Cited 790 times
Holding that for the purposes of admiralty jurisdiction, a tort occurs where the negligence "takes effect," not where the negligent act occurred
Offshore Logistics, Inc. v. Tallentire
477 U.S. 207 (1986) Cited 436 times 1 Legal Analyses
Holding that admiralty jurisdiction was properly invoked in a suit by survivors of offshore workers who perished in a helicopter crash while being transported from an offshore platform to shore
Mobil Oil Corp. v. Higginbotham
436 U.S. 618 (1978) Cited 394 times
Holding that courts are not free to supplement congressional enactments with federal common law
Ryder Energy Dist. v. Merrill Lynch Commod
748 F.2d 774 (2d Cir. 1984) Cited 1,078 times 2 Legal Analyses
Referring to motion to dismiss
Pope & Talbot, Inc. v. Hawn
346 U.S. 406 (1953) Cited 785 times 2 Legal Analyses
Holding that courts apply substantive admiralty law to claims that sound in admiralty regardless of whether the complaint invokes diversity or admiralty jurisdiction
Fitzgerald v. United States Lines
374 U.S. 16 (1963) Cited 372 times
Holding "that a maintenance and cure claim joined with a Jones Act claim [that, by statute, carries the right to a jury trial] must be submitted to the jury when both arise out of one set of facts"
Dooley v. Korean Air Lines Co.
524 U.S. 116 (1998) Cited 81 times
Holding that, "[b]ecause Congress has chosen not to authorize a survival action for a decedent's pre-death pain and suffering in a case of death on the high seas, there can be no general maritime survival action for such damages."
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 344,767 times 920 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1333 - Admiralty, maritime and prize cases
28 U.S.C. § 1333 Cited 4,490 times 11 Legal Analyses
Granting federal district courts original jurisdiction over "[a]ny civil case of admiralty or maritime jurisdiction"
Section 30301 - Short title
46 U.S.C. § 30301 Cited 109 times 4 Legal Analyses
This chapter may be cited as the "Death on the High Seas Act". 46 U.S.C. § 30301 Pub. L. 109-304, §6(c), Oct. 6, 2006, 120 Stat. 1511. HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30301 46 App.:761 note. STATUTORY NOTES AND RELATED SUBSIDIARIES SHORT TITLEAct Mar. 30, 1920, ch. 111, 41 Stat. 537, which enacted chapter 21 (§761 et seq.) of the former Appendix to this title, was popularly known as the "Death on the High Seas Act", prior to being repealed
Section 30302 - Cause of action
46 U.S.C. § 30302 Cited 91 times
Limiting the class of eligible DOHSA plaintiffs to a "decedent's spouse, parent, child, or dependent relative"
Section 1312 - Seaward boundaries of States
43 U.S.C. § 1312 Cited 59 times
Authorizing state extension of "seaward boundaries" to 3 miles from shore

Van Dorn et al v. Sikorsky Aircraft Corporation et al

35 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding that no products-liability claim lies in admiralty when the only injury claimed is economic loss

Holding that for the purposes of admiralty jurisdiction, a tort occurs where the negligence "takes effect," not where the negligent act occurred

Holding that admiralty jurisdiction was properly invoked in a suit by survivors of offshore workers who perished in a helicopter crash while being transported from an offshore platform to shore

Holding that courts are not free to supplement congressional enactments with federal common law

Referring to motion to dismiss

Holding that courts apply substantive admiralty law to claims that sound in admiralty regardless of whether the complaint invokes diversity or admiralty jurisdiction

Holding "that a maintenance and cure claim joined with a Jones Act claim [that, by statute, carries the right to a jury trial] must be submitted to the jury when both arise out of one set of facts"

Holding that, "[b]ecause Congress has chosen not to authorize a survival action for a decedent's pre-death pain and suffering in a case of death on the high seas, there can be no general maritime survival action for such damages."

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Granting federal district courts original jurisdiction over "[a]ny civil case of admiralty or maritime jurisdiction"

Limiting the class of eligible DOHSA plaintiffs to a "decedent's spouse, parent, child, or dependent relative"

Authorizing state extension of "seaward boundaries" to 3 miles from shore