Global Marine Exploration, Inc. v. Republic of France, et al.

Global Marine Exploration discovered a 16thcentury shipwreck lost for centuries and sought compensation for its efforts under longstanding admiralty salvage law. The court of appeals held that the Sunken Military Craft Act (“SMCA”) eliminates all salvage remedies, including traditional in personam actions. The panel did so without implementing SMCA’s limiting dictate, that it only applies to actions “directed at” a sunken military craft. In the Eleventh Circuit, Amici and the United States presented full briefing on the constitutional consequences of that interpretation under Article III. The panel declined to consider these arguments, this Court’s significant admiralty precedent, and conflicting case law from the Seventh Circuit, reasoning that it was barred by the party presentation principle from interpreting a statute using analysis not presented by the parties themselves. The Questions Presented Are:

1. Whether SMCA’s prohibition that “no salvage rights or awards shall be granted” bars all admiralty salvage claims—including long-recognized in personam actions—or instead applies only to in rem claims “directed at” the res.

2. Whether the party presentation principle prevents a federal court from considering ordinary tools of statutory interpretation, including context and constitutional avoidance, that bear directly on the meaning of a statute solely because those arguments were primarily developed by amici and the United States.