U.S. Court of Appeals for the Second Circuit
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