Foremost Insurance Co. v. Richardson

457 U.S. 668, 102 S.Ct. 2654, 73 L.Ed.2d 300, 1982 AMC 2253 (1982)

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Foremost Insurance Co. v. Richardson

United States Supreme Court
457 U.S. 668, 102 S.Ct. 2654, 73 L.Ed.2d 300, 1982 AMC 2253 (1982)

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Facts

Clyde Richardson and Shirley Eliser were both driving small pleasure boats on the Amite River in Louisiana when the boats collided and Richardson was killed. Richardson’s wife and children (Richardson’s heirs) (plaintiffs) sued Eliser and the Foremost Insurance Company (Foremost) (defendants) in federal district court under admiralty jurisdiction, alleging that Eliser had been negligent in the collision. Eliser and Foremost moved to dismiss, alleging that the complaint did not state a cause of action under admiralty jurisdiction. The district court granted the motion to dismiss for lack of subject-matter jurisdiction, reasoning that because neither boat had ever been used for commercial activity there was no connection to traditional maritime activity. The court of appeals reversed the dismissal, and Eliser and Foremost appealed.

Rule of Law

Issue

Holding and Reasoning (Marshall, J.)

Dissent (Powell, J.)

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Casebooks

Admiralty

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