Moragne v. States Marine Lines, Inc. [1970]
398 U.S. 375 · Supreme Court of the United States · United States
Issue
Whether a cause of action for wrongful death exists under general maritime law, notwithstanding the absence of a statutory remedy, and whether such a remedy is precluded by the Death on the High Seas Act or state law.
Held
Yes. A cause of action for wrongful death does exist under general maritime law. The Harrisburg is overruled. Neither the Death on the High Seas Act nor state wrongful death statutes preclude this remedy. The Court held that maritime law should provide a uniform federal remedy for wrongful death within territorial waters.
Exam use
When a problem question involves a death in territorial waters, immediately think of Moragne. If the death is on the high seas, use DOHSA. Note that Moragne extends to all persons, not just seamen. For damages, later cases have limited the recoverable losses; study Gaudet and Miles. Also note that Moragne applies even if state law might provide a remedy; the federal remedy is independent and uniform.
Summary
The Supreme Court overruled The Harrisburg and recognized a general maritime law cause of action for wrongful death. The Court held that the ancient common law rule barring wrongful death claims did not apply to the modern maritime context and that the Death on the High Seas Act and state wrongful death statutes did not preempt a uniform federal remedy.
Facts
Procedural History
Issue
Whether a cause of action for wrongful death exists under general maritime law, notwithstanding the absence of a statutory remedy, and whether such a remedy is precluded by the Death on the High Seas Act or state law.
Held
Yes. A cause of action for wrongful death does exist under general maritime law. The Harrisburg is overruled. Neither the Death on the High Seas Act nor state wrongful death statutes preclude this remedy. The Court held that maritime law should provide a uniform federal remedy for wrongful death within territorial waters.
Ratio Decidendi
The general maritime law, as a body of federal common law, may evolve to recognize new causes of action consistent with modern policy and justice. The ancient rule from The Harrisburg, based on a default of the common law, is no longer tenable. Maritime law must provide a remedy for wrongful death caused by a maritime tort, whether the death occurs on the high seas or in territorial waters. Such a remedy is not preempted by federal or state statutes unless Congress clearly states otherwise.
Obiter Dicta
The Court suggested that the new general maritime remedy should be governed by the principles of the Death on the High Seas Act and state law as guides for damages, but the federal remedy is independent.
Reasoning
Plain-English Explanation
Essay-Ready Explanation Generator
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Reference to Moragne v. States Marine Lines, Inc. (398 U.S. 375) strengthens a Maritime/Admiralty Law answer because the case reflects the principle that The general maritime law, as a body of federal common law, may evolve to recognize new causes of action consistent with modern policy and justice. The ancient rule from The Harrisburg, based on a default of the common law, is no longer tenable. Maritime law must provide a remedy for wrongful death caused by a maritime tort, whether the death occurs on the high seas or in territorial waters. Such a remedy is not preempted by federal or state statutes unless Congress clearly states otherwise. Applied to a problem question, the case should be used after identifying the issue as Whether a cause of action for wrongful death exists under general maritime law, notwithstanding the absence of a statutory remedy, and whether such a remedy is precluded by the Death on the High Seas Act or state law. The stronger essay move is to connect the material facts to the court's holding, then explain whether the present facts support the same conclusion or justify distinguishing the authority.
Underlying Concepts
- wrongful death
- general maritime law
- federal common law
- stare decisis
- uniformity
- remedies
Precedents Applied
- The Harrisburg, 119 U.S. 199 (1886) (overruled)
- The Tungus v. Skovgaard, 358 U.S. 588 (1959) (applying state law)
Later Treatment
- Sea-Land Services, Inc. v. Gaudet, 414 U.S. 573 (1974) (damages for loss of society)
- Miles v. Apex Marine Corp., 498 U.S. 19 (1990) (limiting damages for non-pecuniary loss)
Key Passages
- The rule of The Harrisburg has had a long but unhappy history. It has been subjected to almost universal criticism. It has been modified by Congress but not entirely set aside. We now overrule The Harrisburg.
- We conclude that the decedent's personal representative may maintain an action under general maritime law for the death of the decedent caused by a maritime tort.
Significance
Related Cases
- The Harrisburg119 U.S. 199 (1886)
- Sea-Land Services, Inc. v. Gaudet414 U.S. 573 (1974)
- Miles v. Apex Marine Corp.498 U.S. 19 (1990)
Exam Tips
Revision Checklist
- Name the issue before discussing facts so the marker sees the legal question immediately.
- State the holding in one sentence, then use the ratio to explain why the court reached that result.
- Use the citation and jurisdiction to show why this authority matters for the problem you are answering.
- Pair this case with one supporting or contrasting authority if the question tests limits, policy, or exceptions.
Problem Question Use
Common Pitfalls
- Confusing Moragne with DOHSA
- Thinking Moragne only applies to seamen
- Forgetting that Moragne overruled The Harrisburg
- Ignoring damages limitations from later cases