Natallia Bulko is the Founder of The Maritime Law. Her research interests focus on admiralty and maritime law, international trade law, and international commercial arbitration. Natallia holds an LL.M. from Louisiana State University Paul M. Hebert Law Center in the United States. She has also completed the LL.M. program at the University of East Anglia in the United Kingdom, with her degree pending conferral.
On October 7, 2024, the U.S. Supreme Court denied Shell’s certiorari petition to review the Fifth Circuit’s decision, which held that a contract to inspect and repair lifeboats on an oil platform located on the Outer Continental Shelf is a maritime contract. Earnest v. Palfinger Marine USA, Inc. , 90 F.4th 804 (5th Cir. 2024).
Under the jurisdictional statute, 28 U.S.C. § 1333(1), federal courts are granted “exclusive” jurisdiction over maritime claims. At the same time, the saving to suitors clause preserves the concurrent jurisdiction of state and federal courts. How to reconcile this conflict? Are there any other conflicts related to the saving to suitors clause? These questions are explored in this article.