Offshore Logistics, Inc. v. Tallentire

477 U.S. 207, 106 S. Ct. 2485, 91 L. Ed. 2d 174, 1986 U.S. LEXIS 114, 54 U.S.L.W. 4745, 51 Cal. Comp. Cases 638, 1986 A.M.C. 2113
CourtSupreme Court of the United States
DecidedJune 23, 1986
Docket85-202
StatusPublished
Cited by523 cases

This text of 477 U.S. 207 (Offshore Logistics, Inc. v. Tallentire) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Offshore Logistics, Inc. v. Tallentire, 477 U.S. 207, 106 S. Ct. 2485, 91 L. Ed. 2d 174, 1986 U.S. LEXIS 114, 54 U.S.L.W. 4745, 51 Cal. Comp. Cases 638, 1986 A.M.C. 2113 (1986).

Opinions

[209]*209Justice O’Connor

delivered the opinion of the Court.

Respondents’ husbands were killed when petitioner Air Logistic’s helicopter, in which the decedents were traveling, crashed into the high seas. The issue presented is whether the Death on the High Seas Act (DOHSA), 41 Stat. 537, 46 U. S. C. §761 et seq., provides the exclusive remedy by which respondents may recover against petitioner for the wrongful death of their husbands, or whether they may also recover the measure of damages provided by the Louisiana wrongful death statute, La. Civ. Code Ann., Art. 2315 (West Supp. 1986), applying either of its own force or as surrogate federal law under the Outer Continental Shelf Lands Act (OCSLA), 67 Stat. 462, as amended, 43 U. S. C. §1331 et seq.

I

The husbands of respondents Corrine Taylor and Beth Tallentire worked on drilling platforms in the Gulf of Mexico, off the coast of Louisiana. On August 6, 1980, respondents’ husbands were killed while being transported in a helicopter owned and operated by petitioner Air Logistics (hereafter petitioner), a Division of Offshore Logistics, Inc., from a drilling platform to Houma, Louisiana. The crash occurred approximately 35 miles off the coast of Louisiana, well over the 3-mile limit that separates Louisiana’s territorial waters from the high seas for purposes of DOHSA.

Respondents each filed wrongful death suits in United States District Court, raising claims under DOHSA, OCSLA, and the law of Louisiana. These actions were later consolidated in the Eastern District of Louisiana. Upon petitioner’s pretrial motion for partial summary judgment, the District Court ruled that DOHSA provides the exclusive remedy for death on the high seas, and it therefore dismissed respondents’ claims based upon the Louisiana wrongful death statute. Petitioner admitted liability and the trial was limited to the question of damages. Because DOHSA limits recovery to “fair and just compensation for. . . pecuniary loss,” [210]*210the District Court’s awards to respondents did not include damages for nonpecuniary losses. 46 U. S. C. §762.

Respondents appealed the District Court’s dismissal of their OCSLA and state law wrongful death claims, contending that they were entitled to nonpecuniary damages under the Louisiana wrongful death statute. See La. Civ. Code Ann., Art. 2315(B) (West Supp. 1986) (permitting recovery for both pecuniary and nonpecuniary damages, “including] loss of consortium, service, and society”). They argued that the Louisiana statute applied to this helicopter crash on the high seas, either of its own force by virtue of the saving provision in § 7 of DOHSA, 46 U. S. C. § 767, or as adopted federal law through OCSLA. See 43 U. S. C. § 1333(a)(2)(A). The Court of Appeals for the Fifth Circuit reversed the District Court’s denial of benefits recoverable under Lousiana law, with one judge specially concurring and another judge dissenting. See 754 F. 2d 1274 (1985).

The Court of Appeals first observed that even if OCSLA did apply to this action, OCSLA adopts state law as surrogate federal law only “[t]o the extent [the state laws] are . . . not inconsistent with . . . other Federal laws.” 43 U. S. C. § 1333(a)(2)(A). Because the precedent of the Fifth Circuit held that DOHSA applies to a helicopter crash on the high seas, the court concluded that Louisiana law could not be applied through OCSLA as the Louisiana wrongful death scheme was inconsistent with DOHSA. Accordingly, the court turned to the question whether state law could apply of its own force by virtue of § 7 of DOHSA, which provides:

“The provisions of any State statute giving or regulating rights of action or remedies for death shall not be affected by this chapter. Nor shall this chapter apply to the Great Lakes or to any waters within the territorial limits of any State, or to any navigable waters in the Panama Canal Zone.” 46 U. S. C. §767.

After examining the legislative history of § 7, the Court of Appeals concluded that that section was intended to preserve [211]*211the applicability of state wrongful death statutes on the high seas. It further held that Louisiana had legislative jurisdiction to extend its wrongful death statute to remedy deaths on the high seas and that Louisiana in fact intended its statute to have that effect. In reaching its result, the court acknowledged that the disunity that its decision would create was “profoundly unsettling,” 754 F. 2d, at 1284, but ultimately concluded that “[o]ur desire for a uniform, consistent, scheme of maritime death remedies cannot justify a refusal to follow” the perceived legislative will. Id., at 1288.

Judge Jolly filed a special concurrence, observing that although the court’s result was compelled by § 7, it would create “significant problems in the field of maritime law because it defies reason, runs contrary to principles of the general precedent in the field, and creates all sorts of internal inconsistencies in the prosecution of cases dealing with death on the high seas.” Id., at 1289. Judge Garza dissented, arguing that § 7 was intended to preserve state wrongful death actions only in territorial waters and echoing the view of the Court of Appeals for the Ninth Circuit that the application of state law to wrongful death actions arising on the high seas would be “ ‘as damaging to uniformity in wrongful death actions as it is illogical.’ ” Ibid, (quoting Nygaard v. Peter Pan Seafoods, Inc., 701 F. 2d 77, 80 (CA9 1983)).

Because the Fifth Circuit’s decision creates the potential for disunity in the administration of wrongful death remedies for causes of action arising from accidents on the high seas and is in conflict with the prevailing view in other courts that DOHSA pre-empts state law wrongful death statutes in the area of its operation, we granted certiorari. 474 U. S. 816 (1985). We now hold that neither OCSLA nor DOHSA requires or permits the application of Louisiana law in this case, and accordingly reverse the judgment of the Court of Appeals for the Fifth Circuit.

[212]*212I — I I — I

The tortuous development of the law of wrongful death in the maritime context illustrates the truth of Justice Cardozo’s observation that “[djeath is a composer of strife by the general law of the sea as it was for many centuries by the common law of the land.” Cortes v. Baltimore Insular Line, Inc., 287 U. S. 367, 371 (1932). In The Harrisburg, 119 U. S. 199

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Bluebook (online)
477 U.S. 207, 106 S. Ct. 2485, 91 L. Ed. 2d 174, 1986 U.S. LEXIS 114, 54 U.S.L.W. 4745, 51 Cal. Comp. Cases 638, 1986 A.M.C. 2113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/offshore-logistics-inc-v-tallentire-scotus-1986.