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Counterclaim in Admiralty Case Does Not Create Right to Jury Trial

December 2021 | Category: News
Under the U.S. Federal Rules of Civil Procedure, when a plaintiff invokes a federal court’s admiralty jurisdiction, the parties are not entitled to a jury trial. Applying this principle, a federal district court recently held that, when a policyholder defendant’s counterclaims to a maritime insurance coverage action invokes a separate basis for federal court jurisdiction, the defendant still does not have a right to a jury trial.

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Fifth Circuit Overturns Precedent Deeming Maritime Statute’s Time Bar Jurisdictional

December 2021 | Category: News

The 1851 Limitation of Liability Act allows qualifying vessel owners to limit their liability after maritime accidents. However, this statute imposes a time limit on vessel owners. Previously, the Fifth Circuit had held that this time bar was a jurisdictional rule, but earlier this month held that a U.S. Supreme Court case implicitly overruled an earlier case and the Limitation of Liability Act’s time bar is nonjurisdictional.

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