46-U.S.C.-31102
§31102 – Waiver of Immunity
Pathway
Title 46 > Subtitle III > Chapter 311 > Section 31102
Details
- Reference: Section 31102
- Legend: §31102 – Waiver of Immunity
- USCode Year: 2013
Provision Content
(a) In General.—A civil action in personam in admiralty may be brought, or an impleader filed, against the United States for—
(1) damages caused by a public vessel of the United States; or
(2) compensation for towage and salvage services, including contract salvage, rendered to a public vessel of the United States.
(b) Counterclaim or Setoff.—If the United States brings a civil action in admiralty for damages caused by a privately owned vessel, the owner of the vessel, or the successor in interest, may file a counterclaim in personam, or claim a setoff, against the United States for damages arising out of the same subject matter.
(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1521.)
| Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31102(a) | 46 App.:781. | Mar. 3, 1925, ch. 428, §1, 43 Stat. 1112. |
| 31102(b) | 46 App.:783 (words before proviso). | Mar. 3, 1925, ch. 428, §3 (words before proviso), 43 Stat. 1112. |
In this section, the words civil action are substituted for libel because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (a), the words Provided, That the cause of action arose after the 6th day of April, 1920 are omitted as unnecessary.
In subsection (b), the words in rem or in personam are omitted as unnecessary. The words file a counterclaim in personam, or claim a setoff are substituted for file a cross libel in personam or claim a set-off or counterclaim to conform to the terminolgy in the Federal Rules of Civil Procedure and to eliminate unnecessary words. The words for damages arising out of the same subject matter are substituted for in such suit for and on account of any damages arising out of the same subject matter or cause of action to eliminate unnecessary words.
U.S. Encyclopedia of Law Coverage
46-U.S.C.-31101 in the Legal Encyclopedia: Shipping
In this entry about 46-U.S.C.-31101, find legal reference material, bibliographies and premiere content related to shipping in the American Encyclopedia of Law, presenting a comprehensive view of the United States shipping-specific issues, written by authorities in the field.
46-U.S.C.-30706 in the Legal Encyclopedia: Maritime Liability
In this entry about 46-U.S.C.-30706, find legal reference material, bibliographies and premiere content related to maritime liability in the American Encyclopedia of Law, presenting a comprehensive view of the United States maritime liability-specific issues, written by authorities in the field.
46-U.S.C.-30901 in the Legal Encyclopedia: Liability
In this entry about 46-U.S.C.-30901, find legal reference material, bibliographies and premiere content related to liability in the American Encyclopedia of Law, presenting a comprehensive view of the United States liability-specific issues, written by authorities in the field.
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