Kentucky v. Altany
29 F. Supp. 3d 955
W.D. Ky.2014Background
- January 26, 2012: Foss’s vessel Delta Mariner struck the Eggners Ferry Bridge (KYTC-owned) after attempting to pass a single lighted span, destroying that span and damaging the vessel.
- Foss filed a limitation action in federal court seeking exoneration/limitation of liability; KYTC sued in Kentucky state court seeking bridge-replacement costs and damages.
- Foss removed the KYTC state-court action to federal court and the cases were consolidated.
- KYTC moved to remand, arguing the state-law "saving to suitors" maritime claim was not removable absent an independent federal jurisdictional basis.
- Defendants argued post-FCJVCA (2011 Amendments to 28 U.S.C. § 1441) that general maritime claims are removable because federal courts have original admiralty jurisdiction.
- The court denied Defendants’ request for jurisdictional discovery and granted KYTC’s motion to remand, holding maritime saving-clause claims remain nonremovable absent another federal basis.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether KYTC’s saving-to-suitors maritime in personam claim is removable after the 2011 FCJVCA amendments | KYTC: saving clause preserves plaintiffs’ choice of state forum; claim not removable without independent federal basis | Defendants: FCJVCA’s revised § 1441(a) allows removal because federal courts have original admiralty jurisdiction | Court: Remand granted; saving-to-suitors claims remain nonremovable absent independent federal jurisdiction |
| Whether § 1333 admiralty jurisdiction alone supplies federal removal jurisdiction | KYTC: § 1333 does not create an independent basis to remove a saving-clause state action | Defendants: Original admiralty jurisdiction under § 1333 makes removal proper post-FCJVCA | Court: § 1333 does not authorize removal of saving-clause claims; removing would displace plaintiffs’ forum choice |
| Whether legislative history of the FCJVCA shows intent to change removability of maritime claims | KYTC: legislative history shows no intent to alter preexisting nonremovability rule | Defendants: (implicit) text change demonstrates removability | Court: Legislative history supports continuity; Congress did not clearly intend to change removability |
| Whether removal would strip KYTC of jury-trial remedy available under the saving clause | KYTC: removal under admiralty would deny jury trial for nonmaritime remedies | Defendants: removal proper regardless of remedy differences | Court: Removal solely on admiralty would deny jury trial and undermine the saving clause; that supports remand |
Key Cases Cited
- Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 (federal courts are courts of limited jurisdiction)
- Madruga v. Superior Court of State of Cal., 346 U.S. 556 (saving-to-suitors preserves state in personam maritime remedies)
- In re Chimenti, 79 F.3d 534 (6th Cir.) (maritime nature alone does not make state action removable)
- Romero v. Int’l Terminal Operating Co., 358 U.S. 354 (concurrent jurisdiction and limits of admiralty jurisdiction)
- Jacada (Europe), Ltd. v. Int’l Mktg. Strategies, Inc., 401 F.3d 701 (6th Cir.) (removal doubts resolved in favor of remand)
- Finley v. United States, 490 U.S. 545 (Congressional intent to change jurisdiction must be clear)
- Waring v. Clarke, 46 U.S. 441 (admiralty actions historically do not carry jury-trial right)