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Home / Case Digests / Second Circuit — Maritime Jurisdiction: Tandon v. Ulbrick

Second Circuit — Maritime Jurisdiction: Tandon v. Ulbrick

U.S. Court of Appeals for the Second Circuit

Maritime Jurisdiction

Fistfight on Navigable Waters

Tandon v. Ulbrick
Judges Katzmann, Livingston and Carter

Background: The petitioner appealed from the dismissal of its tort claim for lack of subject matter jurisdiction. Visitors on a floating dock operated by the appellee were involved in a fistfight.

Ruling: The Second Circuit affirmed. The court held that federal admiralty jurisdiction does not extend to tort claims arising from a physical altercation among recreational visitors on and around a permanent dock surrounded by navigable water, because the altercation does not have a potentially disruptive effect on maritime commerce.

James E. Mercante of Rubin Fiorella & Friedman for the petitioners-appellants; Lawrence B. Brennan of Wilson Elser Moskowitz Edelman & Dicker for the claimant-appellee