Tuesday, October 13, 2020

Yo ho ho

 4/3 publishes this case here today, which begins: 

A case from 1836 described seamen as “‘a class of persons remarkable for their rashness, thoughtlessness and improvidence. They are generally necessitous, ignorant of the nature and extent of their own rights and privileges, and for the most part incapable of duly appreciating their value. They combine, in a singular manner, the apparent anomalies of gallantry, extravagance, profusion in expenditure, indifference to the future, credulity, which is easily won, and confidence, which is readily surprised.’ [Citation.]” (Brown v. Lull (CC Mass. 1836) 4 F. Cas. 407, 409, cited in Dutra Grp. v. Batterton __ U.S. __ [139 S.Ct. 2275, 2279], fn. 1.) Herman Melville first went to sea in 1838 so these were the shipmates he sailed with and later wrote about in Moby Dick; courts of his day took a solicitous approach toward the problems of the hardy souls engaged in seafaring commerce.

But admiralty law has evolved since the days when it was entirely judgemade and mariners were practically wards of the court. Since the early 20th century, when Congress began legislating in this area, the role of the courts has changed from leader to follower, from promulgation to interpretation. As the United States Supreme Court has explained in its most recent opinion on the matter, the courts must now leave the development of novel claims and remedies to the legislatures. For that reason, we must affirm the judgment in this case.

So obviously, this case is about damages from an accident while filming a webisode. Or maybe not so obvious. But it is obvious that this is J. Beds!