In a prior post, we noted that Jones Act claims may be removable–or at any rate, the general maritime law portions would be. That analysis has hit its first hurdle in Barry v. Shell Oil Co. There, Judge Zainey granted plaintiff’s motion to remand after defendant’s removed based on the amended venue statute (28 U.S.C. 1441). Judge Zainey noted that plaintiff prayed for trial by jury in the state court suit and, because there is no right to trial by jury for his general maritime law claims in federal court, maintenance of the suit in federal court would deprive plaintiff of his right to trial by jury.
Judge Zainey reasons that the Saving to Suitors Clause found in 28 U.S.C. § 1333, is an “Act of Congress” that prohibits the removal of the general maritime claims in this case, pursuant to § 1441(a).
Author: Jeff Siemann