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Hellenic Lines Ltd. v. Rhoditis. 38 U.S. Law Week 4478; 398 U. S. 306

Published online by Cambridge University Press:  28 March 2017

Alona E. Evans
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Type
Judicial Decisions
Information
American Journal of International Law , Volume 64 , Issue 5 , October 1970 , pp. 960 - 962
Copyright
Copyright © American Society of International Law 1970

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References

1 46 U.S.C. § 688. This section provides: “Any seaman who shall suffer personal injury in the course of his employment may, at his election, maintain an action for damages at law, with the right of trial by jury, and in such action all statutes of the United States modifying or extending the common-law right or remedy in cases of personal injury to railway employees shall apply; and in case of the death of any seaman as a result of any such personal injury the personal representative of such seaman may maintain an action for damages at law with the right of trial by jury, and in such action all statutes of the United States conferring or regulating the right of action for death in the case of railway employees shall be applicable. Jurisdiction in such actions shall be under the court of the district in which the defendant employer resides or in which his principal office is located.” Footnote by court. Other footnotes by court omitted. Rhoditis v. Hellenic Lines, Ltd., 273 F. Supp. 249 (S.D.N.Y., 1969), aff’d. 412 F.2d 919 (2d Cir., 1969); 64 A.J.I.L. 703 (1970). Certiorari was granted because of a conflict between the decision in Rhoditis and that in Tsakonites v. Transpacific Carriers Corp., 368 F.2d 426 (2d Cir., 1966).

2 345 U.S. 571 (1953); 47 A.J.I.L. 711 (1953). The seven factors are: “(1) the place of the wrongful act; (2) the law of the flag; (3) the allegiance or domicile of the injured seaman; (4) allegiance of the defendant shipowner; (5) the place where the contract of employment was made; (6) the inaccessibility of a foreign forum; and (7) the law of the forum.” 398 U.S. 306 at 308.

3 Ibid. 308, 310. Emphasis by court.

4 Ibid. 311.

5 Ibid.

6 Ibid. 318.