Lloyd's Maritime and Commercial Law Quarterly
US MARITIME LAW
Robert Forc* and Martin Davies†
CASES
310. Alcide v Nippon Yusen Kabushiki Kaisha 1
311. Douglass v Nippon Yusen Kabushiki Kaisha 2
Collision between US Navy warship and foreign-flagged vessel—actions for damages against operator of foreign vessel—personal jurisdiction
The US Navy warship USS Fitzgerald collided with the container ship ACX Crystal in Japanese territorial waters. Seven Navy sailors died, and several more were injured. The plaintiffs in the Alcide action were Navy sailors who sustained physical or emotional injuries as a result of the collision. The plaintiffs in the Douglass action were personal representatives of the families of the seven Navy sailors who died as a result of the collision. The Alcide plaintiffs sued the defendant, the charterer of ACX Crystal, seeking damages under the general maritime law of torts;3 the Douglass plaintiffs made wrongful death claims under the Death on the High Seas Act.4 The defendant moved to dismiss both actions against it for lack of personal jurisdiction. The plaintiffs cross-moved for jurisdictional discovery.
Decision: Motions to dismiss granted. Motions for jurisdictional discovery denied.
Held: (1) The court may require a non-resident defendant to appear before it, but its jurisdictional power is restricted by constitutional and statutory bounds. The Supreme Court has divided personal jurisdiction into two types—specific or “conduct-linked” jurisdiction and general or “all-purpose” jurisdiction. Specific jurisdiction depends on a connection between the forum state and the underlying controversy. General jurisdiction is available even if the non-resident defendant’s contacts with the forum state are not directly related to the cause of action, provided that the defendant has sufficient contacts with the jurisdiction. For claims arising out of federal law, such as those in the present cases, the
* Niels F Johnsen Professor of Maritime Law and Director Emeritus, Maritime Law Center, Tulane University Law School, New Orleans.
† Admiralty Law Institute Professor of Maritime Law and Director, Maritime Law Center, Tulane University Law School, New Orleans.
1. (2020) 465 F Supp 3d 588 (ED La).
2. (2020) 465 F Supp 3d 610 (ED La).
3. Active duty service members cannot sue the US government for injuries “in the course of activity incident to service”: Feres v United States (1950) 340 US 135; 71 S Ct 152. Thus, the plaintiffs could recover damages only by suing the operator of ACX Crystal.
4. 46 USC §§ 30301–30308.
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