Gambling Debts at Sea

Abstract:     
Are gambling debts incurred on the high seas enforceable on land? This question, once occupying the status of academic brainteaser, recently received a real-world answer from Judge Alexander L. Paskay of the U.S. Bankruptcy Court in the Middle District of Florida. In In re Titan Cruise Lines, Judge Paskay rejected the law of the flag and looked instead to the law of the forum. Unfortunately for the casino, this resulted in the application of Florida law, which he held made such debts void. Despite its trailblazing status, Judge Paskay's decision so far has escaped attention. Accordingly, the purpose of this brief article is to see whether it holds water.

Keywords: gambling, casino, debt, bankrutcy, debtor, creditor, choice of law, conflict of law, maritime law, Florida law

JEL Classification: K11, K39, K41, N70

Accepted Paper Series