Topic

Jurisdiction

In re Genesis Marine, LLC: The Complexities Behind the Six-Month Deadline to File a Limitation Action

The Genesis case serves as a reminder to shipowners of the “reasonable possibility” standard. If the shipowner receives written notice indicating a "reasonable possibility" of a claim and damages exceeding the value of the vessel, the shipowner has six months to file a limitation action in federal court.

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Saving to Suitors Clause: Understanding the Fundamentals

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.

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