Yamaha Motor Corp., U. S. A. v. Calhoun, 516 U.S. 199, 16 (1996)

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214

YAMAHA MOTOR CORP., U. S. A. v. CALHOUN

Opinion of the Court

of the vessel to a federal right-of-action anchor,11 but notably left in place the negligence claim she had stated under Florida's law. See 398 U. S., at 376-377.12

Our understanding of Moragne accords with that of the Third Circuit, which Judge Becker set out as follows:

"Moragne . . . showed no hostility to concurrent application of state wrongful-death statutes. Indeed, to read into Moragne the idea that it was placing a ceiling on recovery for wrongful death, rather than a floor, is somewhat ahistorical. The Moragne cause of action was in many respects a gap-filling measure to ensure that seamen (and their survivors) would all be treated alike. The 'humane and liberal' purpose underlying the general maritime remedy of Moragne was driven by the idea that survivors of seamen killed in state territorial waters should not have been barred from recovery simply because the tort system of the particular state in which a seaman died did not incorporate special maritime doctrines. It is difficult to see how this purpose can be taken as an intent to preclude the operation of state laws that do supply a remedy." 40 F. 3d, at 641-642 (citation omitted).

We have reasoned similarly in Sun Ship, Inc. v. Pennsylvania, 447 U. S. 715 (1980), where we held that a State may apply its workers' compensation scheme to land-based injuries that fall within the compass of the Longshore and Har-11 While unseaworthiness was the doctrine immediately at stake in Moragne, the right of action, as stated in the Court's opinion, is "for death caused by violation of maritime duties." Id., at 409. See East River S. S. Corp. v. Transamerica Delaval Inc., 476 U. S. 858, 865 (1986) (maritime law incorporates strict product liability); Kermarec, 358 U. S., at 630 (negligence). See also G. Gilmore & C. Black, The Law of Admiralty 368 (2d ed. 1975).

12 Moragne was entertained by the Court of Appeals pursuant to a 28 U. S. C. § 1292(b) certification directed to the District Court's order dismissing the unseaworthiness claim. See 398 U. S., at 376.

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