Benedict’s Maritime Bulletin Publishes Ms. Henderson’s Limitation Act Article
In her second article for Benedict’s Maritime Bulletin, “The Limitation of Liability Act: Arcane But Ours,” Vol. 14, No. 2 (Second Quarter 2016), partner Marissa Henderson examines the Limitation Act. This Act is an odd creature of maritime law which was established by federal statute in 1851 and is still alive and well today. Though often criticized as arcane and anachronistic, this Act is used by vessel owners in the United States to try to cap their liability for a marine casualty to an amount equal to the value of the vessel and its “pending freight.” Ms. Henderson examines the purposes of the Act, discusses arguments that the Act is no longer necessary, and she gives a snapshot of the Act as applied to modern maritime activities and the practice of maritime law.