Steering a Safe Course in Admiralty Removal Jurisdiction after the 2011 Federal Courts Jurisdiction and Venue Clarification Act Note

Federal jurisdiction over admiralty actions originates in the United States Constitution. Congress, in the admiralty jurisdiction statute, pursuant to what is commonly referred to as the saving to suitors clause, reserved to plaintiffs in admiralty actions the option of pursuing remedies in state court. However, in 2011, Congress enacted the Federal Courts Jurisdiction and Venue Clarification Act (JVCA), which changed key language in the federal removal statute. The JVCA amendment has been interpreted by certain courts in a manner that has allowed removal of general maritime actions from state court to federal court, which is contrary to admiralty jurisprudence. Not only is the removal of general maritime actions contrary to precedent, but the removal of general maritime claims to federal courts would eviscerate the saving to suitors clause, an action that would fundamentally alter admiralty jurisdiction. As the saving to suitors clause would be eviscerated, interpreting the 2011 Federal Courts Jurisdiction and Venue Clarification Act to allow the removal of general maritime actions from state court to federal court is erroneous.