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 about? Federal District Court have exclusive jurisdiction over admiralty matters but those courts can do something called common law remedy where they can give it