Halcyon Lines v. Haenn Ship Ceiling & Refitting Corp., 342 U.S. 282 (1952). · Go Syfert
Halcyon Lines v. Haenn Ship Ceiling & Refitting Corp., 342 U.S. 282 (1952). Cases Citing This Book View Copy Cite
4,833 citation events (2,153 in the last 25 years) across 180 distinct courts.
Strongest positive: Durand v. District of Columbia (dcd, 2014-05-01) · Strongest negative: Waterman Steamship Corporation v. Francis David (ca5, 1966-02-01)
Treatment trajectory · 1952 → 2026 · click a year to view as-of
1952 1989 2026
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examined Cited "but see" Waterman Steamship Corporation v. Francis David (3×)
5th Cir. · 1966 · signal: but see · confidence high
But see Halcyon Lines v. Haenn Ship Ceiling & Refitting Corp., 1952, 342 U.S. 282 , 72 S.Ct. 277 , 96 L.Ed. 318 in which the Court referred to Congress the possibility of applying comparative fault in the shipowner’s suit for indemnity. 6 .
discussed Cited as authority (verbatim quote) Durand v. District of Columbia
D.D.C. · 2014 · quote attribution · 1 verbatim quote · confidence high
the plaintiff has chosen to plead what we have held must be regarded as a federal claim, and removal is at the defendant's option.
discussed Cited as authority (verbatim quote) Sherron v. Private Issue by Discover (2×) also: Cited as authority (rule)
N.D. Miss. · 1997 · quote attribution · 1 verbatim quote · confidence high
the rule makes the plaintiff the master of his claim; he or she may avoid federal jurisdiction by exclusive reliance on state law.
examined Cited as authority (verbatim quote) Merkel v. Federal Express Corp. (3×) also: Cited as authority (rule)
N.D. Miss. · 1995 · quote attribution · 1 verbatim quote · confidence high
the rule makes the plaintiff the master of his claim; he or she may avoid federal jurisdiction by exclusive reliance on state law.
discussed Cited as authority (quoted) TD Bank, N.A. v. Toliver
E.D. La. · 2025 · quote attribution · 1 verbatim quote · confidence low
the burden of establishing federal jurisdiction rests on the party seeking the federal forum.
discussed Cited as authority (quoted) American Express National Bank v. Freeman
D. Nev. · 2025 · quote attribution · 1 verbatim quote · confidence low
ederal jurisdiction exists 21 only when a federal question is presented on the face of the plaintiff's properly pleaded complaint.
discussed Cited as authority (quoted) Hunter v. FCA US LLC
N.D. Cal. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
only state-court actions 9 that originally could have been filed in federal court may be removed to federal court by the 10 defendant.
discussed Cited as authority (quoted) Gilford v. Campbell
D. Nev. · 2023 · quote attribution · 1 verbatim quote · confidence low
ederal 6 jurisdiction exists only when a federal question is presented on the face of the plaintiff's properly 7 pleaded complaint.
discussed Cited as authority (quoted) Powers v. Reaves
D.S.C. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence low
thus, it is now settled law that a case may not be removed to federal court on the basis of a federal defense. . . .
discussed Cited as authority (quoted) Powers v. Reaves
D.S.C. · 2021 · signal: see also · quote attribution · 1 verbatim quote · confidence low
thus, it is now settled law that a case may not be removed to federal court on the basis of a federal defense. . . .
discussed Cited as authority (quoted) Thompson v. Rouses Enterprises, LLC
E.D. La. · 2020 · quote attribution · 1 verbatim quote · confidence low
jurisdictional facts must be judged as of the time the complaint is filed
discussed Cited as authority (quoted) Yates v. Yates
N.D. Ohio · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
absent diversity of citizenship, federal-question jurisdiction is required.
discussed Cited as authority (quoted) Yates v. City of Barberton, Ohio
N.D. Ohio · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
absent diversity of citizenship, federal-question jurisdiction is required.
examined Cited as authority (quoted) Kitchin v. Bridgeton Landfill, LLC
E.D. Mo. · 2019 · quote attribution · 1 verbatim quote · confidence low
the 'well-pleaded complaint rule' requires that a federal cause of action must be stated on the face of the complaint before the defendant may remove the action based on federal question jurisdiction.
discussed Cited as authority (quoted) Prado v. Dart Container Corp.
N.D. Cal. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
only state-court actions that originally could have been filed in federal court may be removed to federal court by the defendant.
discussed Cited as authority (quoted) Melvin Lewis Sealey v. Branch Banking and Trust Company
11th Cir. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
the presence or absence of federal-question jurisdiction is governed by the 'well-pleaded complaint rule'....
discussed Cited as authority (quoted) Gallo v. Unknown Number of Identity Thieves
N.D. Cal. · 2017 · signal: see · quote attribution · 1 verbatim quote · confidence high
only state-court actions that originally could have been filed in federal court may be removed to federal court by the defendant.
discussed Cited as authority (quoted) Apton v. Volkswagen Group of America, Inc.
D.D.C. · 2017 · signal: see also · quote attribution · 1 verbatim quote · confidence low
ederal jurisdiction exists only when a federal question is presented on the face of the plaintiffs properly pleaded complaint.
discussed Cited as authority (quoted) William v. May v. Kevin Sasser
11th Cir. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is true that respondents ... could have brought suit under 301. as masters of the complaint, however, they chose not to do so.
examined Cited as authority (quoted) Globeranger Corp. v. Software AG United States of America, Inc.
5th Cir. · 2016 · quote attribution · 1 verbatim quote · confidence low
once an area of state law has been completely pre-empt-ed, any claim purportedly based on that pre-empted state law is considered, from ts inception, a federal claim, and therefore arises under federal law.
discussed Cited as authority (quoted) Amcat Global, Inc. v. Yonaty
N.D.N.Y. · 2016 · signal: see also · quote attribution · 1 verbatim quote · confidence low
only state-court actions that could have been filed in federal court may be removed to federal court by the defendant.
discussed Cited as authority (quoted) In re National Hockey League Players' Concussion Injury Litigation (2×) also: Cited "see, e.g."
D. Minnesota · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
section 301 governs claims founded directly on rights created by collective-bargaining agreements, and also claims substantially dependent on analysis of a collective-bargaining agreement.
discussed Cited as authority (quoted) Bricklayers & Allied Craftworkers Local 1 v. Penn Valley Tile, Inc.
E.D. Pa. · 2016 · quote attribution · 1 verbatim quote · confidence low
section 301 governs claims founded directly on rights created by collective-bargaining agreements, and also claims 'substantially dependent on analysis of a collective-bargaining agreement.
discussed Cited as authority (quoted) Sabatino v. HMO Missouri, Inc.
N.D. Cal. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
only state-court actions that originally could have been filed in federal court may be removed to federal court by the defendant.
discussed Cited as authority (quoted) Dominion Pathology Laboratories, P.C. v. Anthem Health Plans of Virginia, Inc.
E.D. Va. · 2015 · quote attribution · 1 verbatim quote · confidence low
only state-court actions that originally could have been filed in federal court may be removed to federal court by the defendant
discussed Cited as authority (quoted) Jasper v. Maxim Integrated Products, Inc.
N.D. Cal. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
only state-court actions that originally could have been filed in federal court may be removed to federal court by the defendant.
discussed Cited as authority (quoted) Tammy Berera v. Mesa Medical Group, PLLC
6th Cir. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
he plaintiff may, by eschewing claims based on federal law, choose to have the cause heard in state court.
discussed Cited as authority (quoted) Sleppin v. Thinkscan.com, LLC
E.D.N.Y · 2014 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence low
only state-court actions th'at could have been filed in federal court may be removed to federal court by the defendant.
discussed Cited as authority (quoted) Frontier Park Co. v. Contreras
E.D.N.Y · 2014 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence low
only state-court actions that could have been filed in federal court may be removed to federal court by the defendant.
examined Cited as authority (quoted) Morris v. Mayflower Transit, LLC
M.D. Ala. · 2014 · quote attribution · 1 verbatim quote · confidence low
the presence or absence of federal-question jurisdiction is governed by the 'well-pleaded complaint rule,' which provides that federal jurisdiction exists only when a federal question is presented on the face of the plaintiffs properly pleaded complaint.
examined Cited as authority (quoted) Dougherty v. Cerra
S.D.W. Va · 2013 · signal: see · quote attribution · 1 verbatim quote · confidence high
the presence or absence of federal-question jurisdiction is governed by the 'well-pleaded complaint rule,' which provides that federal jurisdiction exists only when a federal question is presented on the fact of the plaintiffs properly pleaded complaint.
examined Cited as authority (quoted) Berera v. MESA Medical Group, PLLC
E.D. Ky. · 2013 · signal: see · quote attribution · 1 verbatim quote · confidence high
once an area of state law has been completely pre-empted, any claim purportedly based on that pre-empted state law is considered, from its inception, a federal claim, and therefore arises under federal law.
discussed Cited as authority (quoted) Federal National Mortgage Ass'n v. Davis
E.D. Va. · 2013 · quote attribution · 1 verbatim quote · confidence low
thus, it is now settled law that a case may not be removed to federal court on the basis of a federal defense.
discussed Cited as authority (quoted) Limehouse v. Hulsey
S.C. · 2013 · quote attribution · 1 verbatim quote · confidence low
only state-court actions that originally could have been filed in federal court may be removed to federal court by the defendant.
discussed Cited as authority (quoted) Town of Southold v. Go Green Sanitation, Inc.
E.D.N.Y · 2013 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence low
only state-court actions that could have been filed in federal court may be removed to federal court by the defendant.
examined Cited as authority (quoted) Oliver v. Lewis (2×) also: Cited "see"
S.D. Tex. · 2012 · signal: see also · quote attribution · 1 verbatim quote · confidence low
t is now settled law that a case may not be removed to federal court on the basis of a federal defense ... even if the defense is anticipated in the plaintiffs complaint, and even if both parties concede that the federal defense is the only question truly at issue.
examined Cited as authority (quoted) Mitchell v. JCG Industries (2×) also: Cited "see, e.g."
N.D. Ill. · 2012 · quote attribution · 1 verbatim quote · confidence low
caterpillar's basic error is its failure to recognize that a plaintiff covered by a collective-bargaining agreement is permitted to assert legal rights independent of that agreement, including state-law contact rights, so long as the contract relied upon is not a collective barga…
examined Cited as authority (quoted) Navistar International Corp. v. Deloitte & Touche LLP
N.D. Ill. · 2011 · signal: see · quote attribution · 1 verbatim quote · confidence high
a case may not be removed to federal court on the basis of a federal defense, ... even if the defense is anticipated in the plaintiffs complaint, and even if both parties concede that the federal defense is the only question truly at issue
examined Cited as authority (quoted) Simmons v. Sabine River Authority
W.D. La. · 2011 · signal: see · quote attribution · 1 verbatim quote · confidence high
only state-court actions that originally could have been filed in federal court may be removed to federal court by the defendant absent diversity of citizenship, federal-question jurisdiction is required.
examined Cited as authority (quoted) O'NEAL v. Donahoe
E.D. Va. · 2011 · signal: see · quote attribution · 1 verbatim quote · confidence high
plaintiff covered by a collective-bargaining agreement is permitted to assert legal rights independent of that agreement, including state-law contract rights, so long as the contract relied upon is not a collective-bargaining agreement.
discussed Cited as authority (quoted) Hill v. Boeing Company
C.D. Cal. · 2011 · signal: see also · quote attribution · 1 verbatim quote · confidence low
he pre-emptive force of 301 is so powerful as to displace entirely any state cause of action 'for violation of a collective bargaining agreement.
examined Cited as authority (quoted) Canandaigua Emergency Squad, Inc. v. Rochester Area Health Maintenance Organization, Inc.
W.D.N.Y. · 2011 · signal: see · quote attribution · 1 verbatim quote · confidence high
a case may not be removed on the basis of a federal defense ... even if the defense is anticipated in the plaintiff's complaint and both parties concede that the federal defense is the only question truly at issue
examined Cited as authority (quoted) Kinder Morgan Louisiana Pipeline LLC v. Welspun Gujarat Stahl Rohren Ltd.
S.D. Tex. · 2010 · signal: see also · quote attribution · 1 verbatim quote · confidence low
once an area of state law has been completely pre-empted, any claim purportedly based on that pre-empted state law is considered, from its inception, 783 a federal claim, and therefore arises under federal law.
discussed Cited as authority (quoted) Hood Ex Rel. Mississippi v. Astrazeneca Pharmaceuticals, LP
N.D. Miss. · 2010 · quote attribution · 1 verbatim quote · confidence low
the fact that a defendant might ultimately prove that a plaintiffs claims are preempted under does not establish that they are removable to federal court
discussed Cited as authority (quoted) Roth v. Comerica Bank
C.D. Cal. · 2010 · signal: see also · quote attribution · 1 verbatim quote · confidence low
only state-court actions that originally could have 1115 been filed in federal court may be removed to federal court by defendant
examined Cited as authority (quoted) City of Spokane v. World Wide Video of Washington, Inc.
9th Cir. · 2010 · quote attribution · 1 verbatim quote · confidence low
the presence or absence of federal-question jurisdiction is governed by the 'well-pleaded complaint rule,' which provides that federal jurisdiction exists only when a federal question is presented on the face of the plaintiffs properly pleaded complaint.
discussed Cited as authority (quoted) Giant of Maryland, LLC v. Taylor
Md. Ct. Spec. App. · 2009 · signal: cf. · quote attribution · 1 verbatim quote · confidence low
the fact that a defendant might ultimately prove that a plaintiffs claims are pre-empted under the nlra does not establish that they are removable to federal court.
examined Cited as authority (quoted) McLain v. Andersen Corp.
8th Cir. · 2009 · signal: see also · quote attribution · 1 verbatim quote · confidence low
once an area of state law has been completely pre-empted, any claim purportedly based on that pre-empted state law is considered, from its inception, a federal claim, and therefore arises under federal law.
discussed Cited as authority (quoted) McClure Telephone Co. v. AT & T Communications of Ohio, Inc.
N.D. Ohio · 2009 · quote attribution · 1 verbatim quote · confidence low
ajbsent diversity of citizenship, federal question jurisdiction is required" for proper removal to federal court.
discussed Cited as authority (quoted) Danielson v. Innovative Communications, Corp.
D.V.I. · 2008 · quote attribution · 1 verbatim quote · confidence low
absent diversity of citizenship, federal-question jurisdiction is required.
Retrieving the full opinion text from the archive…
HALCYON LINES Et Al.
v.
HAENN SHIP CEILING & REFITTING CORP.
NO. 62.
Supreme Court of the United States.
Jan 14, 1952.
342 U.S. 282
Joseph W. Henderson argued the cause for the Halcyon Lines et al; With him on the briefs were Thomas F. Mount and George M. Brodhead., Thomas E. Byrne, Jr. argued the cause for the Haenn Ship Ceiling & Refitting Corporation. With him on the briefs was John B. Shaw.
Black, Reed, Burtok, Halcyon.
Cited by 414 opinions  |  Published
68 passages pin-cited by 93 cases
Pinpoint authority: #777 of 633,719
Citer courts: N.D. California (7) · Third Circuit (6) · S.D. Texas (5) · E.D. Virginia (5) · Ninth Circuit (4) · N.D. Illinois (4) · N.D. Ohio (4)
[*283] Mr. Justice Black

delivered the opinion of the Court.

Halcyon Lines [1] hired the Haenn Ship Ceiling and Refitting Corporation [2] to make repair's on Halcyon’s ship which was moored in navigable waters. Salvador Baccile, an employee of Haenn, was injured aboard ship while engaged in making these repairs. Alleging that his injuries were caused by Halcyon’s negligence and the unseaworthiness of its vessel, he brought this action for damages against Halcyon in the United States District Court. On the ground that Haenn’s negligence had contributed to the injuries, Halcyon brought Haenn in as a third-party defendant. By agreement of all parties, a $65,000 judgment was rendered for B.accile and paid by Halcyon. Despite Haenn’s protest, the district judge allowed the introduction of evidehce tending to show the relative degree of fault of the two parties. On this evidence the jury returned a special verdict finding Haenn 75% and Halcyon 25% responsible. The district judge refused to follow this jury determination and entered judgment in accordance with his conclusion that there was a general rule governing maritime torts such as this under which each joint tortfeasor must pay half the damages. 89 F. Supp. 765. The Court of Appeals agreed that a right of contribution existed in this case but held that it could not exceed the amount Haenn would have been compelled to pay Baccile had he elected to claim compensation under the Longshoremen’s and Harbor Workers’ Compensation Act, 44 Stat. 1424, 33 U. S. C. § 901 et seq. 187 F. 2d 403. We granted certiorari because of the conflicting views taken by the circuits as to[*284] the existence of and the extent to which contribution can be obtained in cases such as this. [3] 342 U. S. 809.

, Where two vessels .collide due to the fault of both, it is established admiralty doctrine that the mutual wrongdoers shall share equally the damages sustained by each, as-well as personal injury and property damage inflicted On innocent third parties. This maritime rule is of ancient origin and has been applied in many cases, [4] but this Court has never expressly applied it to non-collision cases. [5] Halcyon now urges us to extend it ter non-collision cases and to allow a contribution here based upon the relative degree of fault of Halcyon and Haenn as found by the jury. Haenn urges us to hold that there is no right of contribution, or in the alternative, that the right be based. upon an equal division of all damages. Both parties claim that the decision below limiting an employer’s liability for contribution to those uncertain amounts recoverable under the Harbor Workers’ Act is impractical and undesirable.

[*285] In the absence of legislation, courts exercising a common-law jurisdiction have generally held that they cannot on their own initiative create an enforceable right-of contribution as between joint tortfeasors. [6] This judicial attitude has provoked protest on the ground that it is inequitable to compel one tortfeasor to bear the entire burden of a loss , which has been caused in part by the negligence of someone else. [7] Others have defended the policy of common-law courts in refusing to fashion rules of contribution. [8] To some extent courts exercising jurisdiction in maritime affairs have felt freer than common-law courts in fashioning rules, [9] and we would feel free to do so here if wholly convinced that it would best serve the ends of justice.

We have concluded that it would be unwise to attempt to fashion new judicial rules of contribution and that the solution of this problem should await congressional action. ' Congress has already enacted much legislation in the area of maritime personal injuries. [10] For example, under the Harbor Workers’ Act Congress has made fault unimportant in determining the employees responsibility ijo. his employee; Congress has made further inroads on[*286] traditional court law by abolition of the defenses of contributory negligence and assumption of risk and by the creation of a statutory schedule of compensation. The Harbor Workers’ Act in turn must be integrated with other acts such as the Jones Act (41 Stat. 1007, 46 U. S. C. § 688), the Public Vessels Act (43 Stat. 1112, 46 U. S. C. §§ 781-790), the Limited Liability Act (R. S. § 4281, as amended, 46 U. S. C. § 181 et seq.) and the Harter Act (27 Stat. 445, 46 U. S. C. §§ 190-195). Many groups of persons with varying interests are vitally concerned with the proper functioning and administration of all these Acts as an integrated whole. We think that legislative consideration and action can best bring about a fair accommodation of the diverse but related interests of these groups. The legislative process is peculiarly adapted to determine which of the many possible solutions to this problem would, be most beneficial in the long run. A legislative inquiry might show that neither carriers, shippers, employees, nor casualty insurance companies desire such a change to be made. The record before us is silent as to the wishes of employees, carriers, and shippers; it only shows that the Halcyon Line is in favor of such a change in order to relieve itself of a part of its burden in this particular lawsuit. Apparently insurance companies are opposed to such a change. [11] Should a legislative inquiry convince Congress that a right to contribution among joint tortfeasors is desirable, there would still be much doubt as to whether application of the rule or the amount of contribution should be limited by the Harbor Workers’ Act, [12] or should be based on an equal divi[*287] sion of damages, or should be relatively apportioned in accordance with the degree of fault of the parties.

In view of the foregoing, and because Congress while acting in the field has stopped short of approving the rule of contribution here urged, we think it would be inappropriate for us to do so. The judgments of the Court of Appeals are reversed and the cause is remanded to the District Court with instructions to dismiss the. contribu-, tion proceedings against Haenn.

It is so ordered.

Mr. Justice Reed and Mr. Justice Burtok would reverse with directions to the District Court to allow contributions equal to fifty per cent of the judgment recovered by Baccile against Halcyon.
1

Halcyon Lines refers to Halcyon Lines and Vinke & Co., two corporate joint owners and operators of the ship here involved. Halcyon is petitioner in No. 62 and the respondent in No. 197.

2

Haenn is the petitioner in No. 197 and the respondent in No. 62.

3

American Mutual Insurance Co. v. Matthews, 182 F. 2d 322; United States v. Rothschild International Stevedoring Co., 183 F. 2d 181. See also Slattery v. Marra Bros., Inc., 186 F. 2d 134; Spaulding v. Parry Navigation Co., 187 F. 2d 257; Hitaffer v, Argonne Co., 87 U. S. App. D. C. 57, 183 F. 2d 811.

4

The North Star, 106 U. S. 17, 21, traces the doctrine back to the Rules of Oleron and the laws of Wisbuy. See also, The Washington, 9 Wall. 513; The Alabama, 92 U. S. 695; The Atlas, 93 U. S. 302; The Chattahoochee, 173 U. S. 540, 551-555.

5

American Stevedores, Inc. v. Porello, 330 U. S. 446, recognized that some lower federal courts had applied the equal-division rule of contribution in non-collision cases. The opinion in that case implied that on remand and under certain. contingencies the district court would “be free to adjudge the responsibility of the parties” in accordance with the contribution rule announced by the lower federal courts. That statement was only incidental as compared to the important questions there decided and cannot be taken as foreclosing a full consideration and determination of the issue which is now directly presented and crucial to our decision.

6

Union Stock Yards Co. v. Chicago, B. & Q. R. Co., 196 U. S. 217, 224. And see cases collected in 3 A. L. R. Digest, pp. 864-866, and in Prosser on Torts (1941), p. 1113.

7

See e. g., Gregory, Contribution Among Joint Tortfeasors: A Defense, 54 Harv. L. Rev. 1170.

8

George’s Radio, Inc. v. Capital Transit Co., 75 U. S. App. D. C. 187, 191, 126 F. 2d 219, 223, dissenting opinion. See also James, Contribution Among Joint Tortfeasors: A Pragmatic Criticism, 54 Harv. L. Rev. 1156.

9

Swift & Co. v. Compania Colombiana del Caribe, 339 U. S. 684, 690, 691. Compare The Lottawanna, 21 Wall. 558.

10

See e. g., The Jones Act (41 Stat. 1007, 46 U. S. C. § 688), the Public Vessels Act (43 Stat. 1112, 46 U. S. C. §§ 781-790), and the Longshoremen’s and Harbor Workers’ Compensation Act (44 Stat. 1424, 33 U. S. C. § 901 et seq.).

11

Gregory, supra, n. 7, p. 1177. James, supra, n. 8, pp. 1179-1180.

12

Section 5 of the Act provides that “The liability of an employer prescribed in section 4 shall be-nexclusive and in place of all other liability of such employer to the employee, his legal representative, husband or wife, parents, dependents, next of kin, and anyone otherwise entitled to recover damages from such employer at law or in[*287] admiralty on account of such injury or death, . . . .” Haenn argues that this section provides the employer’s exclusive liability thereby preventing a third party from having any right of contribution against an employer under the Act in cases where the joint negligence of a third party and the employer injure an employee covered by the Act. We find it unnecessary to decide this question which is treated by the cases cited in n. 3, supra.