Pendant jurisdiction is not obligatory. It is a doctrine of discretion. …. Supplemental jurisdiction is very convenient in admiralty cases and the courts use it without questioning its applicability. 76-91 Maritime cases in state courts The Moses Taylor There is concurrent jurisdiction between federal and state court. The plaintiff can go to a federal court with admiralty jurisdiction or staying in federal with diversity jurisdiction or he can go to state court. It nails down the concept that an in rem action can only be brought in a federal court. The ss ss clause apply because an action in rem. The action in rem is a civil law didn’t it’s remedy not a common law remedy. Because not common law remedy not saved by to clause “savings suitors” Only common law remedies are to clause. “saving suitors” The Lewis v Lewis & Clark Marine MISSING OUTLINE Note on the Removal of Maritime Cases You get sued in state court and you get it removed to a federal court. General maritime law won’t change. You can get a different kind of jury. Why is removal important? If you like the judge or the jury then you could ask for don’t removal. used in practice for those reasons. It’s very You can remove because of diversity. If admiralty case, can you remove it to a federal court? Just because admiralty it’s it’s you it. The mere existence of admiralty jurisdiction gives a legitimates can’t remove basis for removal. Diversity jurisdiction is good for removal. If a case brought in state court that has admiralty jurisdiction can you remove there’s the case? You cannot remove a Jones Act case because Congress wanted to give the right to choose the form and keep it. So, Jones Act cases have to stay in State Court. If you have a maritime case you can remove it. If you have an admiralty case the removal will not affect the law that applies. It only affects the forum. Garret v Moore-McCormack Co.
Pendant jurisdiction is not obligatory. It is a doctrine of discretion. …. Supplemental jurisdiction is very convenient in admiralty cases and the courts use it without questioning its applicability. 76-91 Maritime cases in state courts The Moses Taylor There is concurrent jurisdiction between federal and state court. The plaintiff can go to a federal court with admiralty jurisdiction or staying in federal with diversity jurisdiction or he can go to state court. It nails down the concept that an in rem action can only be brought in a federal court. The ss ss clause didn’t apply because it’s an action in rem. The action in rem is a civil law remedy not a common law remedy. Because not common law remedy not saved by “savings to suitors” clause Only common law remedies are “saving to suitors” clause. The Lewis v Lewis & Clark Marine MISSING OUTLINE Note on the Removal of Maritime Cases You get sued in state court and you get it removed to a federal court. General maritime law won’t change. You can get a different kind of jury. Why is removal important? If you don’t like the judge or the jury then you could ask for removal. It’s very used in practice for those reasons. You can remove because of diversity. If it’s admiralty case, can you remove it to a federal court? Just because it’s admiralty you can’t remove it. The mere existence of admiralty jurisdiction gives a legitimates basis for removal. Diversity jurisdiction is good for removal. If there’s a case brought in state court that has admiralty jurisdiction can you remove the case? You cannot remove a Jones Act case because Congress wanted to give the right to choose the form and keep it. So, Jones Act cases have to stay in State Court. If you have a maritime case you can remove it. If you have an admiralty case the removal will not affect the law that applies. It only affects the forum. Garret v Moore-McCormack Co.
Admiralty.docx