Category Archives: Jurisdiction

Duncan & Sevin Attorneys Successfully Remove Chemical Release Class Action to Federal Court

Duncan & Sevin attorneys Chip Duncan and Tripp DuBose were recently successful in establishing federal subject matter jurisdiction in a class action removed from Louisiana state court. In Rowell, et al v. Shell Chemical, L.P., et al, No. 14-2392, 2015 WL 7306435 (E.D.La. Nov. 18, 2015) a class action suit was filed on behalf of … Read More »

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 »

House Boat: House or Boat?

The Supreme Court has recently granted certioriari to settle a circuit split regarding the definition of vessel.  In 1 U.S.C. § 3, a vessel is “every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water.”  The question arises:  what, specifically, does “capable of being used” … Read More »