Amendments to 28 U.S.C. § 1441 Update

Amendments to 28 U.S.C. § 1441 Update 

Bisso Marine v. Techcrane, No. 14-0375, 2014 WL 4489618 (E.D. La. Sept. 10, 2014); 2014 U.S. Dist. LEXIS 126478.

In an attempt to remove a maritime suit from state the federal court under the amendments to 28 U.S.C. Sec. 1441, Judge Feldman maintains that the prohibition to removal is in 28 U.S.C. Sec. 1333 = the savings to suitors clause. He concludes that the admiralty jurisdiciton of federal court is exclusive "only as to those maritime causes of action begun and carried on as proceedings in rem...."  The savings to suitors clause preserves the remedy not the forum, that is, a remedy at law not in admiralty.  "For centuries the savings clause has provided a maritime plaintiff with three options: (1) sue in admiralty in federal court under admiralty jurisdiction, (2) sue at law in state court, or (3) sue at law in federal court 'if he can make proper parties to give that court jurisdiction of his case.'"

The fundamental question is this:  What is the procedural basis for removing a maritime cause of action at law filed in state court to the admiralty side of federal court?  Previously, this issue was addressed by Judge Robart of the U.S. District Court, Western District, Washington in Coronel v. Victory, 2014 U.S. Dist. LEXIS 26977 (Feb. 28, 2014)  in another excellent opinion analyzing the admiralty jurisdiction of federal court with its special rules and procedures.  Similarly, Judge Feldman concludes:  "Because § 1333 does not provide federal subject matter jurisdiction over maritime claims on the law side of the court, and because there is no other basis for federal jurisdictionv (i.e., diversity jurisdiction does not apply), Bisso could not have filed the same lawsuit in federal court."  Thus, the suit was remanded.