A certiorari petition is pending raising an important issue about admiralty jurisdiction and claims raised under the Death on the High Seas Act (DOHSA), 46 U.S.C. §§ 30301-30308. Along with retired Judge Nancy Gertner, I filed an amicus brief supporting certiorari to make clear that jury trial rights are protected under DOHSA for claims that have not been designated as admiralty claims.
The pending petition concerns a wrongful-death case, arising out of the tragic Boeing 737 MAX crash into the Java Sea. The petition raises a fundamental question about admiralty jurisdiction. The estate and family of Andrea Manfredi, who died in the crash, brought in personam wrongful-death claims against Boeing and others under DOHSA. These claims can be heard in admiralty, but they also satisfy the requirements for diversity and multiparty, multiforum jurisdiction. Under the Federal Rules of Civil Procedure, "If a claim for relief is within the admiralty or maritime jurisdiction and also within the court's subject-matter jurisdiction on some other ground, the pleading may"—but need not—"designate the claim as an admiralty or maritime claim." Fed. R. Civ. P. 9(h). The Manfredis did not so designate their claims. The Seventh Circuit nevertheless held that these DOHSA claims are subject to exclusive admiralty jurisdiction in federal court, meaning no jury-trial right applies. The court so held despite recognizing that the same claims could be heard in state court, where they "are typically tried by juries."
The Manfredis have filed cert petition, seeking review of this question: Whether a federal court can have exclusive admiralty jurisdiction over a claim when a non-admiralty state court would have concurrent jurisdiction over the same claim.
