admiralty law

in Rem Admiralty Actions in the United States, 37 TUL.

centered on two admiralty actions to enforce judgments from the English

The Supreme Court weighed the Jones Act jury right against the historical use of bench trials in the other admiralty actions. (62) The Court determined that when admiralty claims with a jury right are factually intertwined with admiralty claims without a jury right, the jury should decide the facts of the entire case.

Admiralty actions against foreign sovereigns--whether proceeding in personam (against a named foreign sovereign) or in rem (against a specified res that is the subject of a maritime lien)--are not a major staple of FSI litigation in U.S.

(71) It is difficult to see why general creditors' legitimate claims against the insolvent shipping company should be thwarted or devalued by strategic admiralty actions in rem brought across the globe by creditors who can establish admiralty claims.

Bruce, A Treatise on the Jurisdiction and Practice of the English Courts in Admiralty Actions and Appeals (London: W.

the interest in the uniform administration of admiralty actions. It would hardly promote the uniform administration of admiralty actions for this circuit to adopt a rule in conflict with almost every decided federal case on this issue.

A different example of the mental gymnastics with respect to jurisdiction over admiralty actions is the disagreement of the Justices of the Supreme Court over the straightforward language in the grant of federal question jurisdiction in the 5-4 decision in Romero u.

(227) This clause applies "where there is jurisdictional overlap between actions that could be brought as admiralty actions and those that could be brought at law." (228) Because of this concurrent jurisdiction, plaintiffs may bring an admiralty action in federal court, or bring it as an "action[] at law" in state court or in federal court under its diversity jurisdiction.