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In the
  
United States Court of Appeals 
For the Seventh Circuit 
 
No. 00-2862 
 
Robbin Weaver, 
 
Plaintiff-Appellant, 
 
v. 
 
Hollywood Casino-Aurora, Inc., 
 
Defendant-Appellee. 
 
Appeal from the United States District Court  
for the Northern District of Illinois, Eastern Division. 
No. 98 C 2947--Elaine Bucklo, Judge.  
 
Argued February 13, 2001--Decided June 21, 2001 
 
 
 
  Before Manion, Kanne, and Evans, Circuit 
Judges. 
 
  Manion, Circuit Judge.  Robbin Weaver, a 
slot machine attendant, was injured on a 
riverboat casino owned by Hollywood 
Casino-Aurora Inc. ("Hollywood"). She 
sued for relief under general maritime 
jurisdiction, 28 U.S.C. sec. 1333, and 
the Jones Act, 46 U.S.C. sec. 688, et 
seq. The district court held a bench 
trial, and awarded Weaver $20,000 under 
the Jones Act for pain and suffering, but 
found that there was no causal connection 
between the injury and some of Weaver's 
physical complaints. The district court 
also denied maintenance and cure, as well 
as attorneys' fees. Weaver appeals the 
causation ruling, the denial of 
maintenance and cure, and the denial of 
attorneys' fees. Because the record is 
insufficient to determine whether 
jurisdiction existed in the district 
court over Weaver's suit, we remand for 
further proceedings. 
 
I. 
 
  On May 15, 1995, Weaver was employed as 
a slot machine attendant on the City 
Lights I, a riverboat casino owned by 
Hollywood./1 A movable chest of drawers 
containing coins and tokens, known as a 
"bank," fell on another employee. These 
banks are quite heavy, weighing between 
1,000 and 1,500 pounds, and Weaver 
injured her left wrist while helping to 
push the bank off the other employee's 
foot. This was the second time in two 
days that a bank had fallen over, so 
Hollywood apparently knew they were 
unstable. 
 
  Weaver filed suit in federal district 
court under general maritime jurisdiction 
and the Jones Act, seeking damages for 
injuries arising from the incident. The 
district court held a bench trial. 
Hollywood argued that the district court 
lacked jurisdiction under the Jones Act 
because a boat whose primary purpose is 
gaming is not a Jones Act vessel. In an 
effort to resolve this issue, the parties 
orally stipulated that the boat had 
navigational equipment, engines, a crew, 
and a raked bow. At the behest of 
Weaver's counsel, Hollywood also 
stipulated that the boat "cruises on a 
navigable waterway." Moments later, 
however, in response to a question from 
the court, Hollywood's counsel stated 
that the City Lights I can only travel 
"[t]hree hundred yards, because there is 
a dam on the one side and a bridge on the 
other side." The parties also stipulated 
that the purpose of the boat was 
gambling. 
 
  The district court subsequently rejected 
Hollywood's jurisdictional argument, 
concluding that a gaming ship "can be a 
Jones Act vessel," and holding that 
"[b]ecause the defendants have not come 
forward with any evidence of special 
circumstances that would defeat Ms. 
Weaver's jurisdictional showing," Jones 
Act jurisdiction existed. Weaver, 121 
F.Supp.2d at 1170. Hollywood did not 
raise the jurisdictional issue on appeal, 
but during oral argument this court 
raised the question, and we later ordered 
supplemental briefing on whether Jones 
Act and general maritime jurisdiction 
existed in light of the parties' factual 
stipulations before the district court. 
 
II. 
 
  While Hollywood did not appeal the 
district court's holding that it had 
jurisdiction under the Jones Act, and the 
issue of general maritime jurisdiction 
was not even discussed below, "[n]o court 
may decide a case without subject matter 
jurisdiction, and neither the parties nor 
their lawyers may stipulate to 
jurisdiction or waive arguments that the 
court lacks jurisdiction." United States 
v. Tittjung, 235 F.3d 330, 335 (7th Cir. 
2000). Indeed, "[i]t is the duty of this 
court to 'satisfy itself not only of its 
own jurisdiction, but also that of the 
lower courts in a cause under review.'" 
EEOC v. Chicago Club, 86 F.3d 1423, 1428 
(7th Cir. 1996) (citing Mitchell v. 
Maurer, 293 U.S. 237, 244 (1934)). 
Accordingly, if the parties do not do so, 
then a court must raise the 
jurisdictional question on its own, as we 
have done in this case. See Tittjung, 235 
F.3d at 335; see also Florio v. Olson, 
129 F.3d 678 (1st Cir. 1997) (considering 
sua sponte the question of whether 
admiralty jurisdiction existed). 
 
  We review de novo the district court's 
legal determination of whether subject 
matter jurisdiction exists, CCC Inform. 
Services, Inc. v. Amer. Salvage Pool 
Assoc., 230 F.3d 342, 345-46 (7th Cir. 
2000), and we review the district court's 
factual determinations for clear error. 
See Galva Foundry Co. v. Heiden, 924 F.2d 
729 (7th Cir. 1991). 
 
A.  Maritime Jurisdiction/2 
 
  The Constitution extends to Article III 
courts the power to hear "all Cases of 
admiralty and maritime Jurisdiction." 
U.S. Const. art. III, sec. 2. That power 
was codified at 28 U.S.C. sec. 1333(1), 
which provides for "original jurisdiction 
. . . of . . . [a]ny civil case of 
admiralty or maritime jurisdiction . . . 
."  
 
  Historically, the only question in 
determining whether admiralty or maritime 
tort jurisdiction existed was whether the 
tort occurred on navigable waters. See 
Jerome B. Grubart, Inc. v. Great Lakes 
Dredge & Dock Co., 513 U.S. 527, 531 
(1995). Over time, the test has been 
refined. Now, "a party seeking to invoke 
federal admiralty jurisdiction pursuant 
to 28 U.S.C. sec. 1333(1) over a tort 
claim must satisfy conditions of location 
and of connection with maritime 
activity." Grubart, 513 U.S. at 534. 
 
  There is thus a two-prong test for 
jurisdiction. The locality test reflects 
the traditional requirement that a tort 
occur on navigable waters. The 
requirement of a connection with maritime 
activity, also known as the nexus test, 
raises two issues. The court must first 
determine whether the incident involved 
has "a potentially disruptive effect on 
maritime commerce," and second, whether 
"'the general character' of the 'activity 
giving rise to the incident' shows a 
'substantial relationship to traditional 
maritime activity.'" See Grubart, 513 
U.S. at 534 (quoting Sisson v. Ruby, 497 
U.S. 358, 364, 364 n.2, 365 (1990)). We 
begin with the location test. 
 
 
  1.  Location on navigable waters. 
 
  As the Supreme Court has explained, "[a] 
court applying the location test must 
determine whether the tort occurred on 
navigable water." See id. The seminal 
case on navigable rivers is The Daniel 
Ball, 77 U.S. 557 (1870). The Daniel Ball 
set forth the following test: 
 
Those rivers must be regarded as public 
navigable rivers in law which are 
navigable in fact. And they are navigable 
in fact when they are used, or are 
susceptible of being used, in their 
ordinary condition, as highways for 
commerce, over which trade and travel are 
or may be conducted in the customary 
modes of trade and travel on water. And 
they constitute navigable waters of the 
United States within the meaning of the 
acts of Congress, in contradistinction 
from the navigable waters of the States, 
when they form in their ordinary 
condition by themselves, or by uniting 
with other waters, a continued highway 
over which commerce is or may be carried 
on with other States or foreign countries 
in the customary modes in which such 
commerce is conducted by water. 
 
Id. at 563. See also Grubart, 513 U.S. at 
530 (citing The Daniel Ball, 77 U.S. at 
563)./3 
 
  The suitability of a river for 
interstate commerce, i.e., navigability 
in fact, is thus crucial to general 
maritime jurisdiction. As we have noted 
previously, "[t]he logic of requiring 
commercial activity is evident. The 
purpose behind the grant of admiralty 
jurisdiction was the protection and 
promotion of the maritime shipping 
industry through the development and 
application, by neutral federal courts, 
of a uniform and specialized body of 
federal law." Chapman, 575 F.2d at 149 
(quoting Adams v. Montana Power Co., 528 
F.2d 437, 439 (9th Cir. 1975)). See also 
Sisson, 497 U.S. at 362. "No purpose is 
served by application of a uniform body 
of federal law, on waters devoid of trade 
and commerce, to regulate the activities 
and resolve the disputes of pleasure 
boaters . . . . [T]he burdening of 
federal courts and the frustrating of the 
purposes of state tort law would thereby 
be served." Chapman, 575 F.2d at 149-50 
(quoting Adams, 528 F.2d at 440-41) 
(emphasis added). 
 
  In this case, the parties stipulated 
that the Fox River (on which the 
riverboat casino was located) is 
navigable./4 Weaver claims that this is 
a factual concession that the river is 
navigable in fact. Accordingly, she urges 
this court to find that the location test 
is satisfied. 
 
  If this stipulation were all the record 
had to offer, Weaver might be correct. 
But Hollywood contends that the statement 
that the Fox River was navigable was a 
reference to the river generally, not to 
the portion of the river where the tort 
occurred, and cites for support its 
statement to the district court that the 
boat was confined within a small portion 
of the river. Weaver has never questioned 
Hollywood's testimony that the riverboat 
casino could only move "[t]hree hundred 
yards, because there is a dam on the one 
side and a bridge on the other side." 
Hollywood thus argues that the river 
cannot be navigated at the point where 
the City Lights I was located. 
 
  Indeed, the fact that a river as a whole 
is navigable is not dispositive for 
purposes of maritime law. See, e.g., 
Leblanc v. Cleveland, 198 F.3d 353 (2d 
Cir. 1999) (dammed river not navigable 
even though it was capable of supporting 
interstate commerce downstream from the 
location at issue). See also Three Buoys 
Houseboat Vacations U.S.A. Ltd. v. Morts, 
921 F.2d 775 (8th Cir. 1990) (finding 
non-navigable a lake with an impassable 
dam); Chapman, 575 F.2d 147 (holding that 
admiralty jurisdiction did not extend to 
tort claims on waters which once 
supported commercial transportation but 
subsequently only supported recreational 
activities). The key to determining 
whether there are navigable waters is the 
river's present navigability where the 
injury transpired. 
 
  For example, the Second Circuit recently 
held that there was no admiralty 
jurisdiction in a case involving an acci 
dent between a kayak and a recreational 
motor boat on the Hudson River. See 
Leblanc, 198 F.3d 353. In Leblanc, the 
court held that the river was not 
navigable at the location of the accident 
because of rapids, dams, and several 
waterfalls, despite the fact that other 
portions of the river were navigable and 
the river as a whole was historically 
used for commerce. Accordingly, the 
Leblanc court determined that there was 
no admiralty jurisdiction. 
 
  The case before us presents a similar 
factual scenario. Based on the 
stipulations in this case, it is probable 
that the waters in which the City Lights 
I made its 300-yard trips are not 
"navigable in fact." The dam and bridge 
which obstructed the City Lights I 
indicate--at this location--a river which 
cannot be used as a highway for maritime 
commerce. A dam and bridge which prevent 
a riverboat casino from traveling over 
300 yards are presumably not susceptible 
to commercial shipping, and thus fail the 
test set forth in The Daniel Ball. 
 
  In addition, if the enclosed portion of 
the Fox River at issue here is not 
navigable upstream or downstream for 
commercial shipping, it is also 
impossible to engage in interstate travel 
from this location. This part of the 
river, located in Aurora, Illinois, is 
entirely intrastate. "Those cases in 
which circuit courts have found dammed 
waterways navigable for jurisdictional 
purposes are easily distinguished by the 
fact that the waterway in question formed 
the border between two states, thereby 
rendering it capable of supporting 
interstate commerce despite the existence 
of artificial dams blocking downstream 
flow." Leblanc, 198 F.3d at 359. Because 
the waterway in this instance is located 
entirely within the state of Illinois, 
and given the circumstances of this case, 
we conclude that this small, enclosed, 
intrastate section of river is unlikely 
to qualify as a navigable water under 
general maritime law./5  
 
  Even so, it is theoretically possible 
that although the river is impassable for 
the City Lights I (a boat whose 
dimensions might differ significantly 
from the dimensions of other craft), this 
part of the river could still serve as a 
continuous highway for other vessels 
designed for commercial shipping. While 
the record is silent on this question, 
outside sources indicate that the Fox 
River is very likely not navigable. A 
detailed map reveals that the Fox River 
is riddled with dams, both within the 
confines of the city of Aurora and within 
a short distance upstream and downstream 
of the city./6  
 
  Despite these apparent obstructions to 
navigation, it appears from the record 
that no consideration was given to the 
possibility that the evidence precluded 
the river from meeting the legal test for 
navigability. There was certainly no 
reference to navigability in the district 
court opinion. Although Hollywood argues 
strenuously in its supplemental brief 
that the absence of navigable waters 
precluded jurisdiction, this is the first 
time this claim has been raised./7 
Indeed, Hollywood's counsel only noted 
that the dam and bridge were impassable 
in response to a question from the 
district court about how the City Lights 
I navigates, a question which was not 
aimed at the location test. 
 
  In this context the parties' 
stipulations could be read to concede 
that the Fox River is navigable in fact. 
In many cases uncontested factual 
stipulations can resolve a jurisdictional 
question. Cf. Workman v. United Parcel 
Service, Inc., 234 F.3d 998, 999-1000 
(7th Cir. 2000). District courts are not 
required to second-guess the parties' 
stipulations to jurisdictional facts. For 
example, "[i]f the plaintiff in a 
diversity suit alleges, and the defendant 
admits, that the defendant is 
incorporated in Delaware, the district 
judge is not required to run to Moody's 
to see whether it really is a Delaware 
corporation, or to insist on the 
production of a certified copy of the 
defendant's certificate of 
incorporation." Prizevoits v. Indiana 
Bell Telephone Co., 76 F.3d 132, 134 (7th 
Cir. 1996). 
 
  However, "[t]he rule against obtaining 
federal jurisdiction by consent . . . 
would be ineffectual if parties by 
stipulating to jurisdictional facts could 
remove them entirely from judicial 
scrutiny." Id. at 135 (citations 
omitted). "[I]f . . . facts brought out 
in pretrial discovery or at trial, fairly 
shriek that there is no federal 
jurisdiction, the district judge must 
conduct whatever supplementary factual 
proceedings are necessary to resolve the 
doubt." Kanzelberger v. Kanzelberger, 782 
F.2d 774, 777 (7th Cir. 1986). Although 
the district court did not do so here, 
the appellate court, as noted, must also 
satisfy itself of federal jurisdiction 
over the case, and may order a case 
dismissed when there is no doubt that the 
district court lacked jurisdiction. See, 
e.g., id. (citing Bialac v. Harsh Bldg. 
Co., 463 F.2d 1185 (9th Cir. 1972) 
(dismissing case where factual 
stipulation supporting diversity of 
parties was clearly false)). 
 
  In this case, the record makes it 
unlikely that jurisdiction existed, and 
the district court has made no inquiry 
into the navigability of the Fox River 
where the City Lights I was located. A 
remand is appropriate in these 
circumstances so the district court may 
determine whether subject matter 
jurisdiction exists. See Freeman v. 
Northwest Acceptance Corp., 754 F.2d 553 
(5th Cir. 1985) (remanding to district 
court after trial where plaintiff's 
assertion of diverse parties was unlikely 
to be true). See also Kanzelberger, 782 
F.2d at 777 (citing Freeman with 
approval). 
 
 
  2.  Connection with maritime activity. 
 
  Hollywood also argues that the second 
requirement for general maritime 
jurisdiction, a "connection with maritime 
activity," was not met by the facts in 
the record. First, Hollywood argues that 
Weaver's injury does not have the 
required potential effect on maritime 
commerce. In determining whether this 
requirement is met, a court must consider 
the incident giving rise to the claim at 
an "intermediate level of generality." 
See Grubart, 513 U.S. at 538. The court 
should not consider the particular facts 
of the case before it, but must instead 
"assess the general features of the type 
of incident involved to determine whether 
such an incident is likely to disrupt 
commercial activity." Sisson, 497 U.S. at 
363. 
 
  Weaver claims the appropriate 
description of the incident would be "an 
injury occurring during rescue efforts on 
a vessel on navigable waters." Hollywood 
counters that the better description 
would be "an injury to a slot machine 
attendant on a floating casino that 
cannot move beyond a confined area of 
water." Hollywood thus argues that the 
events giving rise to Weaver's injury 
could not possibly affect maritime 
commerce. 
 
  Hollywood's description of the incident 
in this case is too narrow and specific. 
Cf. Grubart, 513 U.S. at 539 (incident 
described as "damage by a vessel in 
navigable water to an underwater 
structure" sufficiently indicated 
potentially disruptive impact on maritime 
commerce); Sisson, 497 U.S. at 363 
(incident described as "fire on a vessel 
docked at a marina on navigable waters" 
satisfied potential disruption 
requirement). Weaver's description more 
closely captures the general features of 
the incident, although she narrows the 
focus by including the detail that she 
was involved in "rescue efforts." A more 
appropriate description would be an 
injury on board a vessel on navigable 
waters (on the condition, of course, that 
the court finds that the waters are 
navigable). 
 
  The next step is to determine what the 
potentiality for the disruption of 
maritime commerce is, based on the 
general features of the incident. The key 
is not whether the incident affected 
maritime commerce, but whether it could 
do so. In Sisson, for example, the 
Supreme Court thought it relevant that a 
fire on board a recreational boat at a 
marina could impact other ships engaged 
in maritime commerce, even though the 
boat involved was not engaged in 
commerce. 
 
  Courts have used differing standards to 
determine the potential for disruption of 
maritime commerce. Compare H2O Houseboat 
Vacations, Inc. v. Hernandez, 103 F.3d 
914 (9th Cir. 1996) (finding no potential 
disruption of maritime commerce where 
houseboat occupants were injured by 
carbon monoxide fumes which could not 
harm other boats, and refusing to 
speculate on possible harms where to do 
so would ignore the actual incident) with 
Bay Casino LLC v. M/V Royal Empress, 1999 
WL 33218594 (E.D.N.Y.) (finding potential 
disruption of maritime commerce where a 
passenger was served liquor during a 
cruise and subsequently injured plaintiff 
while driving on land); Young v. Players 
Lake Charles, L.L.C., 47 F.Supp. 2d 832, 
835 (S.D. Tex. 1999) (excessive amount of 
alcohol served to casino patron while on 
navigable waters). See also Delta Country 
Ventures, Inc. v. Magana, 986 F.2d 1260, 
1264 (9th Cir. 1993) (Kozinski, J., 
dissenting) (disagreeing with majority's 
level of generality, while recognizing 
that "disputes about the appropriate lev 
el of generality always carry with them a 
certain degree of arbitrariness."). 
 
  This case does not require us to 
speculate, however. The City Lights I was 
a commercial boat engaged in the 
transport of passengers for profit (even 
if its ultimate end was gambling), and 
without doubt an injury to one of its 
crew disrupts its participation in 
maritime commerce. Cf. Great Lakes Dredge 
& Dock Co. v. City of Chicago, 3 F.3d 
225, 230 (7th Cir. 1993), aff'd sub nom. 
Grubart, 513 U.S. 527 (1995) ("Because 
commerce on the river was actually 
disrupted for more than a month, this 
question answers itself. Yes, there was 
such a potential. In fact, it was 
realized."). 
 
  If the district court finds on remand 
that the river is navigable, then the 
substantial relationship to traditional 
maritime activities requirement is easily 
met in this case. The Supreme Court has 
held that even noncommercial vessels when 
navigating in navigable waters have a 
substantial relationship to traditional 
maritime activities. See Foremost Ins. 
Co. v. Richardson, 457 U.S. 668 
(1982)./8 On this record the City 
Lights I was navigating when the incident 
occurred. The general character of the 
riverboat's activity thus relates to 
traditional maritime activity. 
Accordingly, the nexus test would be met, 
and it only remains to determine on 
remand whether Weaver's injury occurred 
in navigable waters. 
 
B.  The Jones Act 
 
  Weaver alleged another basis of 
jurisdiction, one on which the district 
court relied, namely the Jones Act. The 
Jones Act provides jurisdiction for a 
"seaman" who suffers personal injury in 
the course of his employment. 46 U.S.C. 
sec. 688. To qualify as a seaman under 
the Jones Act, "an employee's duties must 
'contribut[e] to the function of the ves 
sel or to the accomplishment of its mission.'" 
McDermott Int'l Inc. v. Wilander, 498 
U.S. 337, 355 (1991) (quoting Offshore 
Co. v. Robison, 266 F.2d 769, 779 (5th 
Cir. 1959)). In addition, "a seaman must 
have a connection to a vessel in 
navigation (or to an identifiable group 
of such vessels) that is substantial in 
terms of both its duration and its 
nature." Chandris v. Latsis, 515 U.S. 
347, 368 (1995).  
 
  Weaver argues that "[i]n contrast to 
general maritime law, there is no 
locality requirement for the Jones Act . 
. . ." While Weaver is correct that the 
Jones Act does not focus on the location 
of the vessel at the time of the injury, 
Jones Act jurisdiction still requires a 
relationship to navigable waters. This is 
because jurisdiction under the Jones Act 
"depends 'not on the place where the 
injury is inflicted . . .  but on the 
nature of the seaman's service, his 
status as a member of the vessel, and his 
relationship . . . to the vessel and its 
operation in navigable waters.'" 
Chandris, 515 U.S. at 359-60 (quoting 
Swanson v. Marra Bros., Inc., 328 U.S. 1, 
4 (1946)) (emphasis added). Thus, a ship 
with no connection to navigable waters is 
not a source of Jones Act jurisdiction. 
See also Johnson, 742 F.2d at 1063. 
 
  The Third Circuit's recent decision in 
Reeves v. Mobil Dredging & Pumping Co., 
Inc., 26 F.3d 1247 (3rd Cir. 1994), 
confirms this conclusion. As the Reeves 
court explained, "[a]lthough the 
requirement is not expressly stated in 
the [Jones Act], the Supreme Court has 
long required that the injury occur 
through the employee's relationship to a 
vessel on a navigable body of water." See 
id. at 1253 (citing Swanson, 328 U.S. at 
6) (emphasis in original). Accordingly, 
the Reeves court concluded that the Jones 
Act did not provide jurisdiction over a 
claim arising on a vessel in a man-made, 
landlocked lake located entirely within 
the Commonwealth of Pennsylvania. 
 
  If the water at issue in this case is 
similarly locked between a bridge and a 
dam (or is impassable to commercial 
shipping because of adjacent dams both 
upstream and downstream), as in Reeves 
the Jones Act would not provide 
jurisdiction. But as noted above, the 
record sheds insufficient light on this 
question. Therefore, the district court 
must determine on remand whether Weaver 
was employed on a boat with the requisite 
relationship to navigable waters for 
purposes of the Jones Act. 
 
  Hollywood also contests the district 
court's holding that the City Lights I is 
a "vessel" for Jones Act purposes. As 
noted by the Fifth Circuit, the term 
"vessel" has not been precisely defined 
in this context. See Gremillion v. Gulf 
Coast Catering Co., 904 F.2d 290, 293 
(5th Cir. 1995) ("[I]t has been suggested 
that 'three men in a tub would also fit 
within our definition, and one could 
probably make a convincing case for Jonah 
inside the whale.'") (quoting Burks v. 
American River Transp. Co., 679 F.2d 69, 
75 (5th Cir. 1982)). If the casino were 
indefinitely moored (as the record 
suggests it is now), its status as a 
vessel in navigation would be doubtful. 
See Pavone v. Miss. Riverboat Amusement 
Corp., 52 F.3d 560, 570 (5th Cir. 1995). 
There is some difference of opinion, 
however, on when floating casinos which 
travel on a river are Jones Act vessels. 
Compare Davis v. Players Lake Charles 
Riverboat, Inc., 74 F.Supp.2d 675 
(W.D.La. 1999) (finding a riverboat 
casino was not a vessel because any 
navigation was incidental to the boat's 
primary purpose of gambling) with Wiora 
v. Harrah's Illinois Corp., 68 F.Supp.2d 
988 (N.D.Ill. 1999) (Williams, J.) 
(finding a riverboat casino was a vessel 
where it traveled on navigable waters). 
 
  If the riverboat casino were a 
traditional craft navigating in navigable 
waters, it would presumably be a vessel 
and the Jones Act would apply. See 
Gremillion, 904 F.2d at 293. But 
Hollywood claims that the City Lights I, 
in its role as a riverboat casino, is an 
unconventional craft. In order to 
determine vessel status for an 
unconventional craft, "it is necessary to 
focus upon the 'purpose for which the 
craft is constructed and business in 
which it is engaged.'" See id. (quoting 
Blanchard v. Engine & Gas Compressor 
Servs., Inc., 575 F.2d 1140, 1142 (5th 
Cir. 1978)). According to the parties' 
stipulation the purpose of the City 
Lights I was gambling. Citing Davis, 
Hollywood argues that the casino 
therefore cannot be a Jones Act vessel, 
even if it makes short trips over 
navigable water. 
 
  Weaver does not agree that the City 
Lights I is an unconventional craft. 
Weaver also contends that the Davis case 
is bad law, and that Supreme Court 
precedent requires us to consider the 
activity of the City Lights I not as 
gambling, but as navigation. 
 
  We conclude based on the stipulations 
regarding the boat's engines, crew, and 
other traditional vessel characteristics 
that the City Lights I is or at least was 
a traditional vessel. Cf. Gremillion, 904 
F.2d at 293 (listing some attributes of 
traditional vessels). Hollywood 
nevertheless contends that the casino is 
an unconventional craft because it only 
navigates the Fox River to comply with 
the then-Illinois statutory requirement 
that gambling boats do so./9 The 
problem for Hollywood is that this very 
circumstance defeats their argument, even 
if the City Lights I were an 
unconventional craft. Navigation is so 
intertwined with gambling in this 
particular case that it is impossible to 
extricate the one from the other. Under 
the then-existing law the casino was 
required to navigate the river whenever 
it hosted gambling activities. In other 
words, a primary purpose of the riverboat 
was navigation--although it was also a 
means to an end, navigation was hardly 
incidental to the activities of the City 
Lights I. Accordingly, jurisdiction would 
exist if the district court determines on 
remand that the boat at the time of the 
injury had the requisite connection with 
navigable waters. 
 
III. 
 
  The stipulations before the district 
court raise serious questions whether the 
district court possessed subject matter 
jurisdiction over Weaver's claims, under 
both federal maritime law and the Jones 
Act. Because the record is not 
sufficiently developed for us to 
determine whether jurisdiction exists, 
this case is REMANDED for proceedings in 
accord with this opinion. 
 
FOOTNOTES 
 
/1 In light of our jurisdictional holding, we pres- 
ent only a brief overview of the background 
events leading to Weaver's suit, which for the 
most part are not relevant to our decision below. 
For a more in-depth discussion of the events 
giving rise to this case, see Weaver v. Hollywood 
CasinoþAurora, Inc., 121 F.Supp.2d 1169 (N.D. 
Ill. 2000).  
 
/2 The terms "admiralty" and "maritime" are used 
interchangeably for purposes of this opinion as 
the precedents discussed below use both terms. As 
noted by a leading treatise, "[i]nsofar as the 
reference is to substantive law, the terms 
'admiralty' and 'maritime law' are virtually 
synonymous in this country today, though the 
first derives from the connection of our modern 
law with the system administered in a single 
English court, while the second makes a wider and 
more descriptive reference." Grant Gilmore and 
Charles L. Black, Jr., The Law of Admiralty sec. 
1-1 (2d ed., 1975). 
 
/3 The definition of "navigable waters" in one 
context does not necessarily apply in other 
contexts. See Kaiser Aetna v. United States, 444 
U.S. 164, 171-72 (1979). The definition of navi- 
gable waters for Commerce Clause purposes gener- 
ally extends beyond the definition in the context 
of maritime law. See Chapman v. United States, 
575 F.2d 147, 149-50 (7th Cir. 1978) (en banc), 
cert. denied, 439 U.S. 893 (1978). 
 
/4 The Fox River discussed herein should not be 
confused with Wisconsin's Fox River, the naviga- 
bility of which is analyzed at length in The 
Montello, 87 U.S. 430 (1874). 
 
/5 It may seem strange for a boat with crew, en- 
gines, etc., to be placed in such a location. At 
the time of Weaver's injury, Illinois required 
gambling facilities to travel on water. The 
statute was subsequently amended to eliminate the 
requirement. See 230 ILCS 10/11(1). 
 
/6 In fact, a regional website devoted to paddle- 
boating offers detailed instructions and Census 
Bureau coordinates so that recreational parties 
may portage around Aurora's several dams. See 
http://www.chicagopaddling.org. 
 
/7 Before the district court, Hollywood's counsel 
stated that the question of whether the floating 
casino was engaged in a traditional maritime 
activity was the only issue raised ("I'm not 
contesting that she was working aboard the ves- 
sel, that the vessel was in navigation, all the 
other factors that would be considered."). R.43 
at 66. 
 
/8 Hollywood also argues that there is no substan- 
tial relationship to traditional maritime activi- 
ties because the riverboat casino is not a "ves- 
sel" under maritime law. However, for these 
purposes "a craft is a 'vessel' if its purpose is 
to some reasonable degree 'the transportation of 
passengers, cargo, or equipment from place to 
place across navigable waters.'" Great Lakes 
Dredge & Dock Co., 3 F.3d at 229 (quoting Johnson 
v. John F. Beasley Constr. Co., 742 F.2d 1054, 
1063 (7th Cir. 1984), cert. denied, 469 U.S. 1211 
(1985)). Assuming the navigable waters require- 
ment is met, the riverboat in this case is 
clearly a vessel for purposes of general maritime 
jurisdiction. 
 
/9 The fact that the casino "navigates" the Fox 
River is of course not relevant to a determina- 
tion whether the river is legally a "navigable 
water." A craft could navigate a swimming pool 
without the pool qualifying as navigable in the 
sense required for jurisdiction. | 
 
 
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