Saving To Suitors Clause

91 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Linton v. Great Lakes Dredge & Dock Co. & S.S. Mut. Underwriting Ass'n (Bermuda) Ltd.
  964 F.2d 1480· 5th Cir.· 1992-06-22 ·cited 4×
  A Louisiana statute allowing a plaintiff to elect a non-jury trial for maritime and Jones Act claims does not convert these claims into exclusive federal admiralty jurisdiction, and thus does not waive the statutory bar to removal.
• In re the Complaint of Midland Enters. v. Brasher
  886 F.2d 812· 6th Cir.· 1989-09-29 ·cited 4×
  The court held that a wrongful death claim brought by a personal representative is a single claim, and a claimant need not stipulate to the vessel owner's valuation of the vessel and freight to lift a stay, but must either concede the value or move for an appraisal.
• Leonard v. Kern
  651 F. Supp. 263· S.D. Fla.· 1986-12-31 ·cited 4×
  The court held that the petition for removal was properly denied because the defendant failed to establish diversity jurisdiction, as the amount in controversy was insufficient and a defendant was a citizen of the forum state, and not all defendants joined the petition.
• Rachal v. Ingram Corp.
  795 F.2d 1210· 5th Cir.· 1986-08-04 ·cited 4×
  The court held that the district court did not err in allowing the plaintiff to withdraw his jury demand and amend his complaint to an admiralty action, as the defendant had no independent right to a jury trial in the absence of diversity jurisdiction at the time of the amendment
• Ritchey v. Fla. Power & Light Co.
  468 So. 2d 306· Fla. 2d DCA· 1985-03-29 ·cited 4×
  Appellants Sally Ritchey and Michael Paille appealed a summary judgment for Florida Power & Light Company after their boat collided with an unmarked, unlit stanchion in navigable waters. The court reversed, holding that FPL's failure to comply with federal maritime safety regulat
• Bynum v. Patterson Truck Lines, Inc.
  655 F.2d 643· 5th Cir.· 1981-09-08 ·cited 4×
  The court held that a plaintiff suing under the "saving to suitors" clause of 28 U.S.C. § 1333(1) is not entitled to a jury trial if complete diversity is lacking among the parties, even if federal jurisdiction is also based on maritime law.
• Duty v. E. Coast Tender Serv., Inc.
  660 F.2d 933· 4th Cir.· 1981-01-23 ·cited 4×
  The court should affirm the district court's ruling, as the negligence per se rule does not apply to licensing statutes.
• Sellick v. SUN Harbor Marina, Inc.
  384 F.2d 870· 9th Cir.· 1967-10-27 ·cited 4×
  The state court had jurisdiction to entertain an in personam action to quiet title, even though it involved a vessel and a lien.
• Leslie v. Carnival Corp.
  22 So. 3d 567· Fla. 3d DCA· 2009-11-25 ·cited 3×
  The court, in a concurring opinion, addresses the dissent's arguments regarding the enforceability of a forum-selection clause in cruise ship passenger contracts. The concurrence clarifies that the federal Savings to Suitors Clause does not create an enforceable state court right
• Carnival Corp. v. Darce Carlisle
  953 So. 2d 461· Fla.· 2007-02-15 ·cited 3×
  The Florida Supreme Court answered a certified question of great public importance by holding that a cruise line is not vicariously liable under respondeat superior for the medical malpractice of its shipboard physician. The court rejected the Third District's reliance on Nietes
• In re the Complaint of Sheen
  709 F. Supp. 1123· S.D. Fla.· 1989-02-24 ·cited 3×
  The owner of a vessel is entitled to limit liability under the Limitation Act if they were not in privity or had knowledge of the negligence or unseaworthiness that caused the accident, even if they delegated management to a third party.
• Seibels Bruce Ins. Cos. v. Deville Condo. Ass'n, Inc.
  786 So. 2d 616· Fla. 1st DCA· 2001-04-26 ·cited 2×
  The Florida District Court of Appeal held that federal courts have exclusive jurisdiction over all claims arising under National Flood Insurance Program policies, including state law negligence claims against Write Your Own (WYO) insurers. The court vacated a state court judgment
• Famiano v. Enyeart
  398 F.2d 661· 7th Cir.· 1968-07-30 ·cited 2×
  The court held that the district court's dismissal for want of prosecution was correct because the plaintiff's refusal to proceed to trial after the court denied his motion to try all issues in admiralty was not an appealable order.
• Carnival Corp. v. Garcia
  237 So. 3d 1110· Fla. 3d DCA· 2018-01-03 ·cited 1×
  Federal admiralty jurisdiction exists over a cruise passenger's personal injury claim arising from an alleged fall on an escalator at a port terminal during the embarkation process, satisfying both the location test and the connectivity test for admiralty jurisdiction. The locati
• J.P. v. Connell
  2015 U.S. Dist. LEXIS 38495· M.D. Fla.· 2015-03-26 ·cited 1×
  The court held that a general maritime claim brought in state court seeking common law remedies is not removable to federal court without an independent basis for federal jurisdiction, even after the 2011 amendment to 28 U.S.C. § 1441.
• Borden v. Phillips
  752 So. 2d 69· Fla. 1st DCA· 2000-02-16 ·cited 1×
  In this wrongful death action arising from a scuba diving accident, the Florida appellate court affirmed summary judgment for the defendants, holding that federal admiralty law does not void the liability release because the decedent's death resulted solely from scuba diving acti
• Fisher Island Cmty. Ass'n, Inc v. Fernandez
  S.D. Fla.· 2024-11-12
  The court recommended granting the claimant's motion to stay the limitation of liability action and dissolve the injunction, allowing the claimant to pursue a negligence action in Florida state court.
• Knight v. Markel Am. Ins. Co.
  M.D. Fla.· 2024-07-30
  The court held that the plaintiff's motion to remand is denied because the case was timely removed and federal court has diversity jurisdiction.
• In re 2008 Formula 31 Bow rider Vessel Bearing Hull ID No. TNRD703I708
  M.D. Fla.· 2024-04-16
  The court held that a single claimant's motion to stay a limitation-of-liability action and lift the automatic stay should be granted when the claimant provides proper stipulations.
• Sweetwater Lifestyle, LLC v. Fredericks
  M.D. Fla.· 2024-03-06
  The court granted the claimant's motion to stay the limitation action and lift the injunction on the state court action, allowing the claimant to proceed in state court.
• Tatieta v. Grimaldi Deep Sea Spa (Grimaldi)
  M.D. Fla.· 2023-10-23
  The court held that res judicata barred the plaintiffs' claims against Auto Export Shipping, Inc. and Auto Export Shipping Management because the claims were identical to those previously litigated and dismissed with prejudice in state court.
• Skanska USA Civil Se., Inc. v. Bagelheads, Inc.
  11th Cir.· 2023-08-02
  Skanska USA, owner of barges that broke loose during Hurricane Sally in 2020 and damaged the Pensacola Bay Bridge, sought to limit its liability under the federal Limitation Act and argued it was entitled to have a federal court adjudicate the merits of all claims against it befo
• Tug Breton Sound (On: 1244858)
  M.D. Fla.· 2023-06-23
  The court held that a single claimant may pursue their action in state court, provided they file stipulations protecting the vessel owner's right to have the admiralty court ultimately adjudicate its claim to limited liability.
• Zacharias v. Kitzman
  M.D. Fla.· 2022-08-09
  The court held that citing federal navigation rules in a state law negligence claim does not create federal question jurisdiction sufficient for removal.
• Martinez v. All Against Martinez or his Vessel Arising Out of a December 30
  S.D. Fla.· 2021-03-04
  A prior settlement agreement and release, which released the defendant from all manner of actions and causes of action in admiralty, bars the plaintiff's subsequent petition for limitation of liability.
• In re Freedom Unlimited
  S.D. Fla.· 2020-02-19
  The court held that a contractual claim for attorneys' fees by an indemnification claimant does not prevent a damage claimant from pursuing their case in state court, as such fees are not subject to limitation under the Limitation Act.
• Lasky v. Royal Caribbean Cruises, Ltd.
  656 F. App'x 450· S.D. Fla.· 2012-02-06
  The court held that the Death on the High Seas Act (DOHSA) governs the plaintiff's wrongful death claim, precluding non-pecuniary damages and a jury trial.
• Royal Caribbean Cruises, Ltd. v. Whitefield
  664 F. Supp. 2d 1270· S.D. Fla.· 2009-10-09
  The court held that dismissal of the declaratory judgment action was warranted because a parallel state court action involving a Jones Act claim would provide a superior and more efficient resolution of the controversy, preserving the seaman's rights under the Saving to Suitors C
• Marmac, LLC v. Reed
  158 F. Supp. 616· M.D. Fla.· 2005-11-23
  The court held that the Petitioners/Third Party Plaintiffs could not invoke Rule 14(c) because the Claimants did not make an explicit Rule 9(h) designation and demanded jury trials, despite the general propriety of impleader in limitation actions.
• Hawkins Sandblasting, Inc. v. Jacksonville Shipyards, Inc.
  668 So. 2d 1042· Fla. 1st DCA· 1996-02-15
  Hawkins Sandblasting appeals a judgment requiring it to indemnify Jacksonville Shipyards for attorneys' fees, defense costs, and settlement amounts arising from an employee injury claim. The court affirms, holding that the indemnification clause in the subcontract was broad enoug
• In re the Complaint of Great Lakes Dredge & Dock Co.
  14 F.R.D. 142· M.D. Fla.· 1995-03-13
  The court held that a claimant's stipulation must adequately protect the shipowner from potential third-party claims exceeding the limitation fund before a stay on state court actions will be lifted. The stipulation was found insufficient as written but could be amended.
• Williams v. M/V Sonora
  985 F.2d 808· 5th Cir.· 1993-03-12
  The court held that a district court did not abuse its discretion in retaining jurisdiction over an admiralty case after a foreign sovereign was dismissed, and that the vessel owner was not liable for stevedore injuries absent a defective ship appurtenance or "something more" tha
• Metro. Dade Cnty. v. One (1) Bronze Cannon
  537 F. Supp. 923· S.D. Fla.· 1982-04-23
  The court held that it has subject matter jurisdiction over the salvage claim, that the action is a valid admiralty claim and not a disguised interpleader, and that the statute of limitations is tolled or waived. The motion to dismiss is denied.