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Try CasePortal for FreeJ. Bea finds that the district court improperly granted an individual's motion to strike an affirmative defense of waiver or release and remanded for further proceedings in a wrongful death admiralty action. The matter arose from the death of an individual's wife during a scuba and snorkeling tour from Lahaina Harbor to Molokini Crater, an atoll off the coast of Maui. Before the tour, the husband and his wife each signed a waiver document releasing rights to sue the diving company. The district court struck the defense on the basis that the liability waivers were void under a United States Code which prohibits certain liability waiver. The code in question prohibited liability waivers between ports, not from one port and back to a single port in the United States without stopping at any other port. Reversed.