Part 7 - Admiralty Law

Admiralty Injury Claims

When filing a claim under the Jones Act or General Maritime Law, a seaman has the opportunity and right, upon filing the action, to designate the case on the admiralty docket or the civil docket.  This is accomplished either through the language of the pleading or by actually designating in the style of the case that the claim is brought pursuant to Rule 9(h) of the Federal Rules of Civil Procedure, which provides:

A pleading or count setting forth a claim for relief within the admiralty and maritime jurisdiction that is also within the jurisdiction of the district court on some other ground may contain a statement identifying the claim as an admiralty or maritime claim for the purposes of Rules 14(c), 38(e), 82, and the Supplemental Rules for Certain Admiralty and Maritime Claims.  If the claim is recognized only in admiralty, it is an admiralty or maritime claim for those purposes whether so identified or not.  The amendment of a pleading to add or withdraw an identifying statement is governed by the principles of Rule 15.  A case that includes an admiralty or maritime claim within this subdivision is an admiralty case within 28 U.S.C.  Section 1292(a)(3). 

Under the terms of Rule 9(h), it is the Plaintiff’s choice whether to designate a claim as an admiralty claim.  When a Complaint is clearly filed without an admiralty designation, or when a jury trial is requested in the Complaint, a plaintiff may proceed on the law side of the federal court docket despite the admiralty nature of the claim.  The initial designation, however, does not bind the seaman in his claim.  A claimant’s admiralty designation is not irrevocable, nor is he bound by a failure to plead the admiralty designation.  Under the terms of Rule 9(h), a plaintiff may amend the pleading to add or withdraw the admiralty designation in keeping with the requirements of Rule 15 which states that leave to amend is to be given freely when justice so requires.