Admirality
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Authors
Lorenzo, Philip S.
Issue Date
1980
Volume
13
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
FIRST PARAGRAPH(S)|The Eighth Circuit Court of Appeals decided several admiralty cases in 1979. The cases dealt with salvage, workman's compensation, maritime torts, and admiralty jurisdiction. One case which deals with the jurisdiction of federal courts in admiralty cases is particularly significant.|Federal Courts have jurisdiction in admiralty cases under article III of the Constitution which extends the "judicial power of the United States [to] all cases of admiralty and maritime jurisdiction." Congressional implementation of this Constitutional grant is found in the Judiciary Act of 1789. "[T]he district courts ... shall also have exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction . . . saving to suitors, in all cases, the right of a common law remedy where the common law is competent to give it." The Judiciary Act has uniformly been construed as providing federal jurisdiction for all claims under admiralty and maritime law without regard to diversity of citizenship, the existence of a federal question, or the amount in controversy...
Description
Citation
13 Creighton L. Rev. 1155 (1979-1980)
Publisher
Creighton University School of Law