(DOWNLOAD) "Martin v. Miller" by Fifth Circuit U.S. Court of Appeals " eBook PDF Kindle ePub Free

July 31, 2021

eBook details

Title: Martin v. Miller
Author : Fifth Circuit U.S. Court of Appeals
Release Date : January 18, 1995
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 57 KB

Description

E. GRADY JOLLY, Circuit Judge: Since the earliest days of our republic, federal law has afforded a remedy to seamen when payment of their wages is delayed without sufficient cause. Since 1915, the law has required the master or owner of the vessel to pay a seaman twice his daily wage for each day that payment is unjustifiably delayed. In this case, seaman Cathleen Martin seeks to collect these double wage damages in the amount of $155,828.88 from the master of the vessel, Michael Miller, in his individual capacity. This case is complicated by the fact that the vessel, although operated by a private concern, is owned by the Maritime Administration (""MarAd""), an agency of the United States. The district court dismissed this libel in personam based on its determination that the Clarification Act, 50 U.S.C. App. § 1291, a World War II-era shipping law that spells out the rights of seamen employed on government vessels, allows Martin to enforce her claim only under the Suits in Admiralty Act. The Suits in Admiralty Act, however, generally protects the master from individual liability. This appeal requires us to consider the complex question whether the Suits in Admiralty Act bars this particular libel as a matter of law. We find the answer to be yes, and affirm the judgment of the district court.