James J. Oppen, Arthur J. Luck and Glenn A. Henry v. Aetna Insurance Co., Union Oil Co. Of Calif.

In this appeal we must decide whether plaintiffs may recover certain damages caused by the Santa Barbara oil spill disaster of 1969. Preliminary questions are whether general maritime law applies to plaintiffs’ claims and, if so, whether the application of maritime law precludes the plaintiffs from recovering under state law. A panel of three special masters took the evidence by stipulation and concluded that the claims involved should be determined by reference to maritime law, that the maritime remedy was exclusive, and that under maritime law plaintiffs’ damages were not compensable.

Subsequently, the Supreme Court substantially altered what had theretofore been the standard used by lower federal courts in determining whether a tort was a maritime one, Executive Jet Aviation, Inc. v. City of Cleveland, 409 U.S. 249 , 93 S.Ct. 493 , 34 L.Ed.2d 454 (1972) and also broadened the power of the states to apply their own laws to certain maritime torts occurring within their territorial waters, Askew v. American Waterways Operators, Inc., 411 U.S. 325 , 93 S.Ct. 1590 , 36 L.Ed.2d 280 (1973). This court asked the parties for additional briefs considering the effect of those decisions.…