Credit: Andrii IURLOV/Adobe Stock Aviation Deaths on the High Seas: Continuing Questions and Recent Developments
This article focuses on one important maritime statute: the Death on the High Seas Act (DOHSA), including its all-important Commercial Aviation Exception. It also analyzes two unresolved procedural issues in DOHSA cases: whether and when they are removable to federal court and whether a DOHSA plaintiff has a right to a jury trial.
April 09, 2024 at 10:07 AM
16 minute read
Aviation crashes that occur on the high seas are subject to unique aspects of maritime law that must be carefully considered when prosecuting the case. This article will focus on one important maritime statute: the Death on the High Seas Act, 46 U.S.C. §30301, et seq. (DOHSA), including its all-important Commercial Aviation Exception. This article will also analyze two unresolved procedural issues in DOHSA cases: whether and when they are removable to federal court and whether a DOHSA plaintiff has a right to a jury trial.
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