Wednesday, September 8, 2010

Judge Rebecca Beach Smith Grants R.M.S. Titanic, Inc. Salvage Award

In an opinion dated August 12, 2010, Judge Rebecca Beach Smith held that the approximation of fair market value of salvaged artifacts in the amount of $110,859,200 was appropriate; labor expended by salvor-in-possession in rendering salvage service weighed strongly in favor of salvage award; high level of skill exhibited by salvor-in-possession in rendering salvage operations, considering immense level of difficulty in retrieving and caring for shipwreck's artifacts, weighed strongly in favor of salvage award; technological demands of salvaging historic shipwreck and wreck site weighed strongly in favor of salvage award for salvor-in-possession; risk incurred by salvor-in-possession in securing property from impending peril weighed strongly in favor of salvage award; degree of danger from which artifacts upon shipwreck and wreck site were rescued weighed strongly in favor of salvage award; degree to which salvor-in-possession worked to protect historical and archeological value of wreck and artifacts salved weighed strongly in favor of salvage award; lack of any co-salvors precluded division of salvage award to be awarded to salvor-in-possession of shipwreck and wreck site; and deduction from salvage award to salvor-in-possession for revenues earned via possession of artifacts was not appropriate.

I haven't read the entire opinion yet, but I've located it and will post the text of it in full hopefully before the end of this weekend. After briefly skimming over the holdings of the case, it looks like it will be an interesting read.

No comments:

Post a Comment