Recent Development by Lou-Anne Milliman
William Robert Miller, a Mississippi resident, worked as a merchant seaman in Louisiana and then in Mississippi for many years before seeking employment from American Dredging Company (American) in Philadelphia, Pennsylvania, in 1987. American employed Miller as a seaman aboard the tug John R. on the Delaware River until he was injured while working later that year. Miller sought medical treatment in Philadelphia and New York City, then returned to Mississippi for further care. In 1989, Miller filed an action for damages in Louisiana's Orleans Parish Civil District Court. He presented claims under the Jones Act and under the general maritime law of unseaworthiness, seeking lost wages and maintenance and cure.
American is a Pennsylvania corporation with its principal place of business in New Jersey who maintains a registered agent for service of process in New Orleans, thus satisfying the minimum contacts requirement of personal jurisdiction. Because American was not principally located in Louisiana and the accident did not occur in Louisiana, American moved for dismissal pursuant to the forum non conveniens doctrine. Even though Louisiana law does not permit forum non conveniens dismissals in maritime law cases, the lower courts granted the motion. Applying Louisiana law, the Louisiana Supreme Court reversed. The United States Supreme Court affirmed and held that state forum non conveniens law applies to maritime cases brought in state courts. American Dredging Co. v. Miller, 114 S.Ct. 981, 1994 AMC 913 (1994).
About the Author
Lou-Anne Milliman.
Citation
69 Tul. L. Rev. 247 (1994)