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Admiralty — Civil Practice – Federal Jurisdiction – Removal – Saving to Suitors Clause – Remand
By: Teresa Bruno, Opinions Editor//March 11, 2015
Admiralty — Civil Practice – Federal Jurisdiction – Removal – Saving to Suitors Clause – Remand
By: Teresa Bruno, Opinions Editor//March 11, 2015
Progressive Mountain Insurance Co. v. Dana C. McLendon Co. (Lawyers Weekly No. 002-041-15, 7 pp.) (David Norton, J.) 2:14-cv-04413; D.S.C.
Holding: The 2011 amendment to 28 U.S.C. § 1441(b) allows removal to federal court of any civil action over which federal district courts have original jurisdiction, “except as otherwise expressly provided by Act of Congress.” The “saving to suitors” clause of 28 U.S.C. § 1333(1) is an act of Congress which allows a maritime suitor to choose whether to bring his suit in state or federal court; therefore, the plaintiff in this admiralty case is entitled to have its case remanded to the forum of its choice: the state courts of South Carolina.
Plaintiff’s motion to remand is granted.
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