Section 11.5 Saving to Suitors

• Library: Tort Law 2016

B. (§11.5) Saving to Suitors

Although the Judiciary Act of 1789, 1 Stat. 73, 76–77, granted exclusive admiralty jurisdiction to the district courts, it "sav[ed] to suitors, in all cases, the right of a common law remedy, where the common law is competent to give it." Codified in 28 U.S.C. § 1333, the "saving to suitors" clause effectively gives state courts concurrent jurisdiction with the district courts in many maritime matters, including torts. In personam claims, including tort claims enforceable in admiralty, may be brought as ordinary civil actions in the state courts. See the explanations of in personam and in rem suits in §11.6 below. Likewise, tort claims may be brought in federal district courts without reference to the court’s admiralty jurisdiction. SeeRounds v. Cloverport Foundry & Mach. Co., 237 U.S. 303 (1915). But a maritime claim does not confer federal question jurisdiction. 28 U.S.C. § 1331. Rather, an in personam action can only be brought in federal district court if an...