context: Thus, it is very unlikely that Congress intended for vessel owners to be able to cancel out this legislative decision by relying on the similar in rem protection of the 1851 Limitation Act. Permitting Southern Scrap to invoke the Limitation Act in this case would nullify the effect of the new SSSS 414(b) and 415(c), which we have determined impose unlimited personal liability upon a vessel owner for governmental removal costs, when the owner fails to comply with its obligation to remove its sunken vessel from a navigable waterway.
citation_a.signal: see
citation_a.identifier: 217 F.3d 335, 338
citation_a.parenthetical: explaining that Wreck Act claims arise "from statutory authority creating an independent statutory duty on the part of the shipowner" and that to subject such claims to limitation "would thwart the expressed intent of Congress-removal of sunken vessels that are hazards to navigation"
citation_a.sentence: See In re Transporter Marine, Inc., 217 F.3d 335, 338 (5th Cir.2000) (explaining that Wreck Act claims arise “from statutory authority creating an independent statutory duty on the part of the shipowner” and that to subject such claims to limitation “would thwart the expressed intent of Congress-removal of sunken vessels that are hazards to navigation”); cf. Univ. of Texas Med. Branch at Galveston, 557 F.2d at 453 (disallowing application of the Limitation Act there because it “would merely reinstate at another level the limitation on a negligent party’s liability that Wyandotte had removed by authorizing an in personam suit”).
citation_b.signal: cf.
citation_b.identifier: 557 F.2d 453, 453
citation_b.parenthetical: disallowing application of the Limitation Act there because it "would merely reinstate at another level the limitation on a negligent party's liability that Wyandotte had removed by authorizing an in personam suit"
citation_b.sentence: See In re Transporter Marine, Inc., 217 F.3d 335, 338 (5th Cir.2000) (explaining that Wreck Act claims arise “from statutory authority creating an independent statutory duty on the part of the shipowner” and that to subject such claims to limitation “would thwart the expressed intent of Congress-removal of sunken vessels that are hazards to navigation”); cf. Univ. of Texas Med. Branch at Galveston, 557 F.2d at 453 (disallowing application of the Limitation Act there because it “would merely reinstate at another level the limitation on a negligent party’s liability that Wyandotte had removed by authorizing an in personam suit”).