Section 11.9 Differences Between Admiralty and Diversity Jurisdiction

• Library: Tort Law 2016

F. (§11.9) Differences Between Admiralty and Diversity Jurisdiction

Important consequences follow the choice of admiralty or diversity jurisdiction. The availability of maritime remedies, such as maritime attachment and garnishment, actions in rem, possessory, petitory, and partition actions, and limitation of liability, depends on the source of the jurisdiction. See FED. R. CIV. P. 9(h), 14(c), 38(e), 82; 5A CHARLES A. WRIGHT & ARTHUR R. MILLER, FEDERAL PRACTICE AND PROCEDURE § 1313 (3^rd ed. 2015).

Other aspects of substantive law vary as well because state law applies to diversity suits under the Erie doctrine (Erie R. Co. v. Tompkins, 304 U.S. 64 (1938)), while federal common law governs admiralty suits. Sun World Lines, Ltd. v. March...