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.
The choice of applicable law and the choice of forum—these are two key strategic determinations that must be made in almost all legal matters. Maritime cases are not an exception. In the case decided by the Seventh Circuit on August 6, 2024, the plaintiffs relied on both federal and state law to make their cases as advantageous as possible and requested a jury trial in federal court. See In re Lion Air Flight JT 610 Crash, 110 F.4th 1007 (7th Cir. 2024). How did the court respond to these requests? Read on for more details.
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.
This is the July 2024 edition of Maritime Law Digest, a monthly review of the most significant maritime cases decided primarily by the U.S. Supreme Court, U.S. Courts of Appeals, and state supreme courts.
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