Sunday, May 18, 2014

Manuel v. P.A.W. Drillings case brief summary

Manuel v. P.A.W. Drillings (1998)
Clearest provisions on what is a vessel and what is not a vessel
 
E.    THE EXCLUSIVE JURISDICTION OF THE FEDERAL ADMIRALTY COURTS AND THE CONCURRENT JURISDICTION OF “COMMON LAW” COURTS
 
Article III, §2 – admiralty/maritime jurisdiction
1789 Judiciary Act – §9 had admiralty jurisdiction to the Federal Courts – today 28 U.S.C. §1333:
Original:           the federal district courts shall have exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction savings to suitors, in all cases, the right of a common law remedy where the common law is competent to give it
 
Present:          The district courts shall have original jurisdiction, exclusive of the Courts of the states, of any civil case of admiralty or maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled
 
What is saving the suitors clause aboutFederal District Court have exclusive jurisdiction over admiralty matters but those courts can do something called common law remedy where they can give it

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