Category Archives: Federal Civil Procedure

Federal court in Texas allows removal of general maritime law claim pursuant to amended removal statute

Mark Ryan went into cardiac arrest during drilling operations to control a damaged well that was blowing gas off the coast of Port Harcout, Nigeria.  Ryan subsequently passed away.  Ryan’s widow, Jonnie Ryan, filed suit in state court in Harris County, Texas alleging, among other claims, claims under the Death on the High Seas Act, … Read More »

Removal of Jones Act claim sticks based on ancillary arbitration claim

On June 11, 2013, in Gautreaux v. Tassin Intl., Inc., E.D. La. C/A No. 12-2987, 2013 WL 2635173 Judge Morgan held that a cross claim concerning the validity of a foreign arbitration clause could effectively bind plaintiff’s maritime claims, brought in state court, to a federal district court.  The Judge held that Louisiana law did … Read More »

Jones Act Does Not Apply to Chinese National; Removal Proper under Federal Sovereign Immunities Act.

In Yu v. Dalian International Maritime Services Co., slip copy, 12-0707, 2012 WL 1932974 (E.D.La. 5/29/2012), plaintiff, a citizen of the People’s Republic of China, brought suit in Louisiana state court seeking damages for injuries sustained on Defendants’ vessel under the Jones Act or, alternatively, under Chinese law.  Defendants removed the case and Judge Berrigan … Read More »

Fifth Circuit: Despite similarities, federal Magistrate judges, unlike Bankruptcy judges, have Article III powers. Court then clarifies application of Eight Corners Doctrine

Technical Automation Services Corp. v Liberty Surplus Insurance Corp. In Technical Automation Serv’s Corp. v Liberty Surplus Ins. Corp., No. 10-20640, slip copy (5th Cir. March 5, 2012), the Fifth Circuit discussed the power of magistrate judges when it raised, sua sponte, the question of whether magistrate judges have the jurisdictional authority to enter judgment … Read More »