Liability Waivers and Statutory Interpretation
In 1936, Congress passed a law to prevent companies in the business of transporting people across the ocean from writing liability waivers into their contracts. That law, currently codified at 46 U.S.C. 30527(a), reads as follows: The owner, master, manager, or agent of a vessel transporting passengers between ports in the United States, or between…
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On February 21, 2024, the U.S. Supreme Court decided Great Lakes Insurance SE v. Raiders Retreat Realty Co., LLC. Loyal readers will remember (see here and here and here and here) that this case presented the question of what test to apply to determine the enforceability of a choice-of-law clause governed by federal maritime law….
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