Yamaha Motor Corp., U. S. A. v. Calhoun, 516 U.S. 199, 3 (1996)

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Cite as: 516 U. S. 199 (1996)

Opinion of the Court

the High Seas Act (DOHSA), states that "[t]he provisions of any State statute giving or regulating rights of action or remedies for death shall not be affected by this chapter." 46 U. S. C. App. § 767. This statement, by its terms, simply stops DOHSA from displacing state law in territorial waters. See, e. g., Miles, supra, at 25. Taking into account what Congress sought to achieve, however, the Court preserves the application of state statutes to deaths within territorial waters. Pp. 209-216. 40 F. 3d 622, affirmed.

Ginsburg, J., delivered the opinion for a unanimous Court.

James W. Bartlett III argued the cause for petitioners. With him on the briefs were Jonathan Dryer, William R. Hoffman, and Francis P. Manchisi.

Paul A. Engelmayer argued the cause for the United

States as amicus curiae urging reversal. With him on the brief were Solicitor General Days, Assistant Attorney General Hunger, Deputy Solicitor General Bender, David V. Hutchinson, and Edward Himmelfarb.

Alan B. Morrison argued the cause for respondents.

With him on the brief were William J. Taylor and Timothy R. Chapin.*

Justice Ginsburg delivered the opinion of the Court. Twelve-year-old Natalie Calhoun was killed in a jet ski accident on July 6, 1989. At the time of her death, she was vacationing with family friends at a beach-front resort in Puerto Rico. Alleging that the jet ski was defectively de-*Briefs of amici curiae urging reversal were filed for the American Steamship Owners Mutual Protection and Indemnity Association, Inc., et al. by Michael F. Sturley; for the Maritime Law Association of the United States by Warren J. Marwedel, Dennis Minichello, and Chester D. Hooper; and for the National Marine Manufacturers Association by George J. Koelzer and Joshua S. Force.

Briefs of amici curiae urging affirmance were filed for the Association of Trial Lawyers of America by Ross Diamond III and Pamela Liapakis; and for the National Conference of State Legislatures et al. by Richard Ruda and James I. Crowley.

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