BRAWL ON RIVER YACHT INVOKES ADMIRALTY JURISDICTION

In re Christopher Columbus, LLC, No. 16-1772, 2017 U.S. App. LEXIS 18468 (3^rd Cir. Sept. 25, 2017). The U.S. Third Circuit Court of Appeals on Monday, Sept. 25, 2017, issued an opinion in the limitation proceeding filed by Christopher Columbus, LLC reversing the trial court which dismissed the limitation complaint for lack of admiralty jurisdiction. The injured passenger conceded that the tort occurred on navigable waters, the Delaware River, and that the vessel was engaged in traditional maritime activity. The question was whether from the general nature of the tort it had the potential to disrupt maritime commerce.The court acknowledged that though it was unclear from the facts where the vessel was when the fight broke out (the claimant who initially filed suit in state court admitted that the altercation began while the vessel was in the process of docking [See: In re Christopher Columbus, LLC, 2016 U.S. Dist. LEXIS 41995 at *11 (E.D. Pa. 2016)]), the court of appeals reasoned that such an altercation had the potential to disrupt maritime commerce. The panel distinguished the decision of the U.S. Court of Appeals for the Second Circuit in Tandon v. Captain's Cove Marina of Bridgeport, Inc., 752 F.3d 239 (2d Cir. 2014) which also involved a brawl on a pier but did not have the potential to disrupt maritime commerce.A more detailed synopsis of the court’s analysis and reasoning will follow soon.We thank Kevin McGlone of Sher Garner Cahill Richter Klein & Hilbert, L.L.C. for informing us of this decision.