Case Overviews

Moragne v. States Marine Lines, Inc. (S.Ct. 1970)

Facts:

An action for wrongful death was brought by a longshoreman’s widow, against her deceased husband’s employer.

Issue:

Can a wrongful death action be asserted for a maritime death absent an authorizing statute (i.e., is there a common law right to bring such a suit)?

Rule:

(Harlan, J.) Wrongful death actions, made available by statute in all 50 states, are actionable under maritime common law.