Since the very first Judiciary Act in 1789, litigants have had the right to sue in
state, as distinguished from federal, court on admiralty and maritime claims.
The federal courts have always retained exclusive jurisdiction over procedures
that are unique to admiralty, such as the right to enforce a maritime lien by
arresting the vessel herself, or limiting liability to the value of the ship at the
end of the voyage. All other maritime claims may be pursued in either the
federal or state courts. If a matter such as a crewman's injury proceeds in state
court, the state court judge and jury are to decide the matter under federal
substantive law, with the state rules of procedure governing. As one might
imagine, courts and litigants have struggled with this distinction between
substance and procedure for more than 200 years.
Please see full publication below for more information.
