Offshore Logistics v. Tallentire

In Offshore Logistics v. Tallentire (1986) 477 U.S. 207, the court held that DOHSA preempted Louisiana's wrongful death statute. There, widows of two drilling platform workers killed in a helicopter crash over the high seas brought wrongful death claims under Louisiana's wrongful death statute, as well as under DOHSA and the Outer Continental Shelf Lands Act. The plaintiffs relied upon DOHSA's section 7, which provides in relevant part, "The provisions of any State statute giving or regulating rights of action or remedies for death shall not be affected by this chapter." (46 U.S.C. appen. 767.) They argued that section 7 therefore allowed them to maintain claims for their husbands' deaths under state laws. After tracing the legislative history of DOHSA, the Supreme Court held that the statutory language was not meant to preserve the applicability of state law wrongful death statutes and remedies outside territorial waters, but was merely a jurisdictional saving clause. The court found: "Once it is determined that 7 acts as a jurisdictional saving clause, and not as a guarantee of the applicability of state substantive law to wrongful deaths on the high seas, the conclusion that the state statutes are pre-empted by DOHSA where it applies is inevitable. As the Court held in Mobil Oil Corp. v. Higginbotham (1978), Congress has 'struck the balance for us' in determining that survivors should be restricted to the recovery of their pecuniary losses . . . ." (Offshore Logistics, Inc. v. Tallentire, supra, 477 U.S. at p. 232.) Offshore Logistics declined to consider "whether the DOHSA recovery for the beneficiaries' pecuniary loss may be 'supplemented' by a recovery for the decedent's pain and suffering before death under the survival provision of some conceivably applicable state statute that is intended to apply on the high seas." (Id. at p. 215, fn. 1.)