A 'Sea Change' For General Maritime Law Claims

Law360, New York (November 27, 2013, 5:55 PM EST) -- Until recently, general maritime law claims for personal injury or wrongful death could not be removed from state court without satisfying some other basis for federal jurisdiction, usually diversity jurisdiction. However, a December 2011 amendment to 28 U.S.C. § 1441 significantly alters this rule. As detailed below, because federal courts enjoy original jurisdiction over general maritime law claims, a defendant now has the right to have such suits litigated in a federal forum.

The Saving-to-Suitors Clause

Article III of the United States Constitution vests in federal...
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