At page 186 Determining proper invocation of admiralty jurisdiction33 citing caseswhere complaint alleged suit brought under admiralty and general maritime laws, but where suit was filed in state court which lacked jurisdiction and plaintiff failed to object to defendant’s removal to federal court solely on diversity grounds, no admiralty jurisdiction
- Poincon v. Offshr Mrne Contractors, 9 F.4th 289 (5th Cir. 2021).published (Generally, merely requesting a jury trial does not change an admiralty claim, identified as such, to a non-admiralty claim. In such cases the district court should simply deny the request.)
- Kevin Wingerter v. Chester Quarry Co., 185 F.3d 657 (7th Cir. 1999).published (Generally, merely requesting a jury trial does not change an admiralty claim, identified as such, to a nonadmiralty claim. In such cases the district court should simply deny the request)
- Dennis, No. 2:25-cv-01963 (E.D. La. June 2, 2026).When a complaint does not expressly cite Rule 9(h), courts “look to the ‘totality of the circumstances’ to determine if [the plaintiff] made the required ‘simple statement’ to ‘properly invoke the district court’s admiralty jurisdiction.’”…
- Lopez, No. 3:20-cv-00250 (M.D. La. Dec. 15, 2025). If a plaintiff does not make an express reference to Rule 9(h) in their complaint, a court should “look to the ‘totality of circumstances’ to determine if [the plaintiff] made the required ‘simple statement’ to ‘properly invoke the distric…
- James Earl Smith, II v. Oceaneering Mobile Workforce LLC et al., No. 2:23-cv-00469 (E.D. La. Nov. 14, 2025).(noting that a plaintiff filed a lawsuit in state court and did not object to defendant’s assertion of diversity jurisdiction at the time of removal)
- Jones v. ABR Logistics, LLC, No. 2:24-cv-00332 (E.D. La. May 23, 2025).Lejano, 2002 WL 432655 , at *2. (citing Bodden v. Osgood, 879 F.2d 184, 186 (5th Cir. 1989)).
- Rodi Marine, LLC v. Lighthouse Marine, LLC, No. 3:22-cv-00403 (S.D. Tex. June 25, 2024).“A plaintiff with a claim cognizable in the district court’s admiralty/maritime jurisdiction and also cognizable in another basis of jurisdiction may invoke whichever jurisdiction he desires.” Bodden v. Osgood, 879 F.2d 184, 186 (5th Cir.…
- ENSCO Offshore, LLC v. Cantium, LLC, No. 2:24-cv-00371 (E.D. La. Apr. 25, 2024).When a complaint does not expressly cite Rule 9(h), courts “look to the ‘totality of the circumstances’ to determine if [the plaintiff] made the required ‘simple statement’ to ‘properly invoke the district court’s admiralty jurisdiction.’”…
- Midvale Paper Box Co., Inc. v. Cintas Corp., No. 3:20-cv-00022 (M.D. Penn. Apr. 14, 2022).P. 9(h); Bodden v. Osgood, 879 F.2d 184, 186 (5th Cir.1989)).
- United States v. The M/Y Galactica Star, No. 18-20781 (5th Cir. Oct. 1, 2019).unpublishedBodden v. Osgood, 879 F.2d 184, 186 (5th Cir. 1989) (citation omitted).
Show 23 more citing cases
- Price v. Atl. Ro-Ro Carriers, 45 F. Supp. 3d 494 (D. Md. 2014).published The Rule outlines an important distinction: while a plaintiff asserting a claim within the court’s exclusive admiralty jurisdiction automatically triggers Rule 14(c) without any express designation, a plaintiff who asserts a claim cognizab…
- Michael Williamson v. Recovery Ltd. P'ship, 731 F.3d 608 (6th Cir. 2013).publishedWingerter v. Chester Quarry Co., 185 F.3d 657, 664 (7th Cir.1998); Evergreen Int’l Corp. v. Standard Warehouse, 33 F.3d 420 , 424-25 (4th Cir.1994); City of Fort Madison v. Emerald Lady, 990 F.2d 1086 , 1089 (8th Cir.1993); Bodden v. Osgoo…
- Garanti Finansal Kiralama A.S. v. Aqua Marine & Trading Inc., 697 F.3d 59 (2d Cir. 2012).publishedRule 9(h) provides that, if a claim for relief falls within the federal courts’ admiralty jurisdiction, but is also within the court’s subject-matter jurisdiction on some other ground — oftentimes, diversity of citizenship, see, e.g., Bodd…
- Lejano v. Soriamont Stmshp, No. 01-30026 (5th Cir. Mar. 5, 2002).unpublished(stating that a plaintiff in a removed action may amend his complaint to invoke the district court’s admiralty jurisdiction)
- Foulk v. Donjon Marine Co Inc, 144 F.3d 252 (3d Cir. 1998). Under this rule, the complaint does not have to mention Rule 9(h) specifically, see Bodden v. Osgood, 879 F.2d 184, 186 (5th Cir.1989); instead, the complaint only need contain “a simple statement asserting admiralty or maritime claims.” T…
- Layne B. Foulk Marjorie E. Foulk, H/w v. Donjon Marine Co., Inc., Defendant/third-Party v. Breakwaters Int'l, Inc., Third-Party Donjon Marine Co., Inc., in 97-5235. Layne B. Foulk Marjorie E. Foulk, in 97-5269, 144 F.3d 252 (3d Cir. 1998).publishedUnder this rule, the complaint does not have to mention Rule 9(h) specifically, see Bodden v. Osgood, 879 F.2d 184, 186 (5th Cir.1989); instead, the complaint only need contain "a simple statement asserting admiralty or maritime claims." T…
- Ozee v. Am. Council on Gift Annuities, Inc, No. 96-11439 (5th Cir. June 2, 1997).publishedCo., 27 F.3d 122, 125 (5th Cir.1994) ("The general rule in the federal courts, of course, is that partial summary judgments are not appealable."); Bodden v. Osgood, 879 F.2d 184, 186-87 (5th Cir.1989); Way v. Reliance Ins.
- Ozee v. The Amer Cncl of, No. 96-11332 (5th Cir. June 2, 1997).publishedCo., 27 F.3d 122, 125 (5th Cir.1994) ("The general rule in the federal courts, of course, is that partial summary judgments are not appealable."); Bodden v. Osgood, 879 F.2d 184, 186-87 (5th Cir.1989); Way v. Reliance Ins.
- In Re Ozee, 110 F.3d 1082 (5th Cir. 1997).publishedCo., 27 F.3d 122, 125 (5th Cir.1994) ("The general rule in the federal courts, of course, is that partial summary judgments are not appealable."); Bodden v. Osgood, 879 F.2d 184, 186-87 (5th Cir.1989); Way v. Reliance Ins.
- Ozee v. Am. Council on Gift Annuities, Inc., 110 F.3d 1082 (5th Cir. 1997).publishedCo., 27 F.3d 122, 125 (5th Cir.1994) ("The general rule in the federal courts, of course, is that partial summary judgments are not appealable.”); Bodden v. Osgood, 879 F.2d 184, 186-87 (5th Cir.1989); Way v. Reliance Ins.
- Aqua-Marine Constructors, Inc., an Oregon Corp. v. Mike Banks, Individually & D/B/A Mike Banks Co., Polaris Ins. Co., Ltd., a Foreign Corp., Polaris Ins. Co., Ltd., a Foreign Corp., Counter-Claimant-Cross-Claimant-Third-Party v. Aqua-Marine Constructors, Inc., an Oregon Corp., Counter-Defendant, & Mike Banks, Individually & D/B/A Mike Banks Co., Cross-Defendants, & Latham Smith, Individually & D/B/A Smith Mar. the Tugboat Elizabeth II Pearcy Marine, Inc., a Colorado Corp. Jim Pearcy, an Individual the Tugboat Garnet Banks the Tugboat John Banks & Barge 242, Third-Party Cross-Defendants, 110 F.3d 663 (3d Cir. 1997).publishedThe performance bond is therefore a maritime contract. 6 As the court's admiralty jurisdiction has been affirmatively and properly invoked by Polaris, see Bodden v. Osgood, 879 F.2d 184, 186 (5th Cir.1989), the choice of law to be applied…
- Aqua-Marine Constructors, Inc. v. Banks, 110 F.3d 663 (9th Cir. 1997).publishedThe performance bond is therefore a maritime contract. 6 As the court’s admiralty jurisdiction has been affirmatively and properly invoked by Polaris, see Bodden v. Osgood, 879 F.2d 184, 186 (5th Cir.1989), the choice of law to be applied…
- Pro v. Donatucci, No. 95-1803 (3d Cir. Apr. 26, 1996).To invoke admiralty jurisdiction, however, a plaintiff must affirmatively insert a statement in the pleadings identifying the claim as an "admiralty or maritime claim." Id.; Bodden v. Osgood, 879 F.2d 184, 186 (5th Cir. 1989).
- Elizabeth Fedorczyk v. Caribbean Cruise Lines, Ltd Royal Caribbean Cruises, Ltd. Royal Caribbean Anders Wilhelmsen & Co. Kjell Karlsen, 82 F.3d 69 (3d Cir. 1996).published To invoke admiralty jurisdiction, however, a plaintiff must affirmatively insert a statement in the pleadings identifying the claim as an “admiralty or maritime claim.” Id.; Bodden v. Osgood, 879 F.2d 184, 186 (5th Cir.1989).
- Cameron Offshore Boats, Inc. v. Alpine Ocean Seismic Surveys, 862 F. Supp. 1578 (W.D. La. 1994).publishedInstead, for admiralty jurisdiction to obtain, plaintiff must insert a statement in the petition identifying the claim “as an admiralty or maritime claim for purposes of rules 14(c), 38(e), 82 and the Supplemental Rules for Certain Admiral…
- Edwin T. Teal & Hilde Teal v. Eagle Fleet, Inc., Defendants-Third Party v. Penrod Drilling Corp., Third Party, 933 F.2d 341 (3d Cir. 1991).published(where complaint alleged suit brought under admiralty and general maritime laws, but where suit was filed in state court which lacked jurisdiction and plaintiff failed to object to defendant’s removal to federal court so…)
- Victor C. Baris v. Sulpicio Lines, Inc., Caltex Petroleum, Inc., Caltex Petroleum Corp., & Caltex Oil Corp., 932 F.2d 1540 (5th Cir. 1991).publishedThe plaintiffs observe that “a DOHSA claim is within the admiralty jurisdiction of federal courts and does not fall within federal question jurisdiction” and that “[t]he statute itself [ 46 U.S.C. § 761 ] provides that DOHSA suits may be m…
- In Re Air Disaster Near Honolulu, Hawaii on February 24, 1989, 792 F. Supp. 1541 (N.D. Cal. 1990).published(where diversity is basis of jurisdiction, admiralty procedures do not apply, despite maritime nature of action.)
- Russell v. Jack Jackson Inc, No. 02-31036 (5th Cir. July 18, 2003).unpublishedSee Bodden v. Osgood, 879 F.2d 184, 186 (5th Cir. 1989) (citing T.N.T.
- Tanner v. Academy Tankers Inc., 898 F. Supp. 421 (E.D. Tex. 1995).publishedSee Bodden v. Osgood, 879 F.2d 184, 186 (5th Cir.1989).
- Bryan v. Associated Container Transp., 837 F. Supp. 633 (D.N.J. 1993).publishedSee Bodden v. Osgood, 879 F.2d 184, 186 (5th Cir.1989) (“A plaintiff with a claim cognizable in the district court’s admiralty/maritime jurisdiction and also cognizable on another basis of jurisdiction may invoke whichever jurisdiction he…
- Apache Corp. v. Global Santa Fe Drilling Co., 435 F. App'x 322 (5th Cir. 2011).unpublished([T]he totality of the circumstances in this case leads us to conclude that Bodden’s complaint did not properly invoke the district court’s admiralty jurisdiction.)
- Sanders v. Seal Fleet, Inc., 998 F. Supp. 729 (E.D. Tex. 1998).published(where complaint alleged a claim brought under maritime or admiralty jurisdiction, but was filed in state court and plaintiff failed to object to its removal solely on diversity grounds, the totality of the circumstances…)
At page 187 dismissing an “admiralty” claim for lack of appellate jurisdiction where it was filed in state court with a request for a jury trial1 citing case
- Diamond Servs. v. RLB Contracting, 113 F.4th 430 (5th Cir. 2024).published(dismissing an “admiralty” claim for lack of appellate jurisdiction where it was filed in state court with a request for a jury trial)
Other citing cases
- Angela M. Phelps v. John D. McClellan, 30 F.3d 658 (6th Cir. 1994).published
- State Dep't of Highways & Pub. Transp. v. Dopyera, 799 S.W.2d 469 (Tex. App.—El Paso 1990).published
v.
Sandy OSGOOD, Et Al., Defendants-Appellees
Facts
In 1984, plaintiff-appellant Samuel Bod-den filed suit against fellow employee Sandy Osgood and his employer, defendant-appellant McDermott, after Bodden allegedly suffered injuries aboard vessels owned by McDermott. Osgood was subsequently dismissed from the action. Bodden filed his original complaint in state court. The complaint alleged claims “pursuant to Admiralty and General Maritime Laws of the United States ...,” the Jones Act, 46 U.S. C. App. Section 688, and “all other applicable State and Federal Statutes.” The complaint alleged that while acting within the course and scope of his seaman’s employment with McDermott he suffered two separate. injuries, one in December 1983, and another in June 1984. Bodden claimed McDermott’s vessels were unseaworthy, that defendants were negligent, and that plaintiff was entitled to appropriate damages including maintenance and cure.
McDermott removed the case to the federal district court based on diversity of citizenship. Joycelynn Bodden was subsequently joined as a party plaintiff to recover damages for her alleged loss of consortium resulting from her husband’s injuries. In 1987, Bodden died of a heart attack. The district court allowed Bodden’s co-administrators to amend their complaint to add claims for wrongful death “under General Maritime Law, the Jones Act ... and Louisiana Death and Survival Laws.”
After further discovery, McDermott filed a summary judgment motion which the district judge partially granted. The district[*186] judge determined that Bodden’s state law claims were pre-empted by the Employee Retirement Income Security Act of 1974 (ERISA). The judge further found that Bodden’s co-administrators had no death claims under either the Jones Act or General Maritime Law and that Panamanian law governed any personal injury claims. The district judge’s opinion did not resolve whether McDermott was liable for injuries Bodden allegedly suffered in December 1983.
Bodden then filed a request for the district court to certify the appeal undér § 1292(b). The district court denied the request. Bodden subsequently filed a notice of appeal to contest the judge’s partial grant of summary judgment in favor of McDermott.
Bodden asserts appellate jurisdiction under 28 U.S.C. § 1292(a)(3). That statute allows appeals from interlocutory orders in admiralty actions. Thus, we must determine whether Bodden has properly invoked the admiralty jurisdiction of the federal court. See Mosley v. Cozby, 813 F.2d 659, 660 (5th Cir.1987) (Court must sua sponte examine the basis of its jurisdiction).
A plaintiff with a claim cognizable in the district court’s admiralty/maritime jurisdiction and also cognizable in another basis of jurisdiction may invoke whichever jurisdiction he desires. Fed.R. Civ.P. 9(h). To invoke the admiralty jurisdiction, a plaintiff must insert a statement in his pleading identifying the claim “as an admiralty or maritime claim for purposes of Rules 14(c), 38(e), 82 and the Supplemental Rules for Certain Admiralty and Maritime Claims.” Rule 9(h). Otherwise, unless the claim is cognizable only in admiralty, the special practice features for admiralty claims are not applicable. 2A Moore’s Federal Practice 9.09 (2d ed.1987). A plaintiff may, however, amend his complaint to invoke the court’s admiralty jurisdiction. See Rule 9(h); see, also, Moser v. Texas Trailer Corp., 623 F.2d 1006, 1010 (5th Cir.1980).
Bodden’s original complaint alleged that his suit was brought “pursuant to Admiralty and General Maritime laws of the United States “as well as the Jones Act and applicable state and federal statutes. The complaint did not specifically allege that the claim was an admiralty or maritime claim” for purposes of.Rules 14(c), 38(e), 82 and the Supplemental Rules for Certain Admiralty and Maritime Claims.” We have held, however, that such language, while preferable, is unnecessary if the complaint contains “a simple statement asserting admiralty or maritime claims under the first sentence of Rule 9(h).” T.N.T. Marine Services v. Weaver Shipyards, 702 F.2d 585, 588 (5th Cir.1983). Nonetheless, the totality of the circumstances in this casé leads us to conclude that Bodden’s complaint did not properly invoke the district court’s admiralty jurisdiction.
In reaching this conclusion we first note that admiralty actions are within the exclusive jurisdiction of the federal courts. 28 U.S.C. § 1333. Bodden, however, filed his complaint in state court. Further, at the time McDermott removed the case to federal court, asserting diversity jurisdiction, Bodden failed to object to the basis for the jurisdiction or assert the existence of alternative jurisdiction based on his admiralty claim. Finally, despite the fact that a plaintiff in an admiralty action is not entitled to a jury trial, Bodden demanded a jury trial on his claims. Generally, merely requesting a jury trial does not change an admiralty claim, identified as such, to a non-admiralty claim. In such cases the district court should simply deny the request. See T.N.T. Marine Services, 702 F.2d at 585. Where, as here, however, that request is coupled with an “admiralty” claim filed in a state court which has no admiralty jurisdiction and a plaintiff’s failure to object to removal based solely on diversity jurisdiction, we conclude that the plaintiff has not invoked the district court’s admiralty jurisdiction under Rule 9(h).
Since Bodden’s action does not come within the district court’s admiralty jurisdiction and because the order from which appeal is taken does not dispose of all claims and parties, Fed.R.Civ.P. 54(b) governs any appeal of the district court’s deci[*187] sions. Rule 54(b) states that “when more than one claim for relief is presented in an action ... the court may direct the entry of a final judgment as to one or more but fewer than all of the claims ...” Fed.R. Civ.P. 54(b). The court may, however, enter this type of judgment only “upon an express determination that there is no reason for delay and upon an express direction for entry of judgment.” “In the absence of a certification by the district court that meets these two requirements, a partial disposition of a multi-claim or multi-party action ... is ... an unappealable interlocutory order.” Huckeby v. Frozen Food Express, 555 F.2d 542, 545-46 (5th Cir.1977).
In this case the district court has not yet resolved whether McDermott is liable for injuries allegedly suffered by Bodden in 1983. Further, the district judge did not enter a certificate pursuant to Rule 54(b). Thus we lack jurisdiction to hear this appeal. Accordingly, this appeal is
DISMISSED.