Section 22.24 Procedural Matters

• Library: Tort Law 2016

H. (§22.24) Procedural Matters

Similar to FELA, substantive matters involved in a suit under the Jones Act are determined on the basis of federal law and decisions, though the action is tried in state court. Conversely, matters of practice and procedure are generally governed by the law of the forum. Under the Jones Act, as under FELA, state and federal courts have concurrent jurisdiction, and an action in the state court may not be removed to the federal court. 45 U.S.C. § 56; 28 U.S.C. § 1445(a). Suits...