Cite as: 524 U. S. 116 (1998)
Syllabus
held that, in a case of death on the high seas, a decedent's survivors could not recover damages under general maritime law for their loss of society, reasoning that, since DOHSA announced Congress' considered judgment on, inter alia, beneficiaries, survival, and damages, id., at 625, the Court had no authority to substitute its views for those expressed by Congress, id., at 626. Because Higginbotham involved only the scope of the remedies available in a wrongful-death action, it did not address the availability of other causes of action. However, petitioners err in contending that DOHSA is a wrongful-death statute with no bearing on the availability of a survival action. By authorizing only certain surviving relatives to recover damages, and by limiting damages to those relatives' pecuniary losses, Congress provided the exclusive recovery for deaths on the high seas. Petitioners concede that their action would expand the class of beneficiaries entitled to recovery and the recoverable damages; but Congress has already decided these issues and, thus, has precluded the judiciary from expanding either category. DOHSA's survival provision confirms the Act's comprehensive scope by expressing Congress' considered judgment on the availability and contours of a survival action in cases of death on the high seas. Congress has simply chosen to adopt a more limited survival provision than that urged by petitioners. Indeed, Congress did so in the same year that it incorporated a survival action similar to the one petitioners seek into the Jones Act, permitting seamen to recover damages for their own injuries. In the exercise of its admiralty jurisdiction, the Court will not upset the balance Congress struck by authorizing a cause of action with which Congress was certainly familiar but nonetheless declined to adopt. Pp. 121-124.
117 F. 3d 1477, affirmed.
Thomas, J., delivered the opinion for a unanimous Court.
Juanita M. Madole argued the cause and filed briefs for petitioners.
Andrew J. Harakas argued the cause for respondent. With him on the brief was George N. Tompkins, Jr.
Jeffrey P. Minear argued the cause for the United States as amicus curiae urging affirmance. On the brief were Solicitor General Waxman, Assistant Attorney General Hunger, Deputy Solicitor General Kneedler, David C. Frederick, Barbara B. O'Malley, and Bruce G. Forrest.
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