Tweet: The test for federal maritime jurisdiction is “very bad. Sad.” A tort must pass two tests with difficult subparts before proceeding in federal court under admiralty jurisdiction, 28 U.S.C. §1333(1). As noted recently by Chief Judge Robert Katzmann of the U.S. Court of Appeals for the Second Circuit, and previously by U.S. Supreme Court Justice Clarence Thomas, there is nothing more wasteful than spending so much time litigating where to litigate.
The most recent enunciation of the admiralty jurisdiction test was by the Second Circuit in In re Germain, 824 F.3d 258 (2d Cir. 2016): First, the tort must occur on navigable waters (“location” test). Second, it must bear a substantial relationship to traditional maritime activity and have a potentially disruptive impact on maritime commerce (“connection” test). Easier said than done.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
