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New Developments in Removal Practice in Maritime Cases

Mainbrace

Recent amendments to the federal removal statute, 28 U.S.C. § 1441, may have far-reaching implications for the practice of maritime law, nationally. Specifically, in a significant departure from precedent, two recent decisions in the U.S. District Court for the Southern District of Texas have interpreted the amended statute to permit general maritime law claims to be removed from state to federal court regardless of whether requirements for diversity jurisdiction, or some other basis of federal question jurisdiction, are met.

This article by David G. Meyer, associate at Blank Rome, is one in a series of articles written for Blank Rome Maritime's quarterly Mainbrace newsletter. To view the other articles in the October 2013 edition of Mainbrace, please click here.