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Editor: Rod Sullivan
Profession: Maritime Attorney

Category: Marine Construction & Dredging

I always find it amusing when a judge speaks his or her mind. Judge Adams of the United States District Court in Jacksonville recently wrote plainly to a Jacksonville attorney about his position on whether State Court judges could hear admiralty law issues.

The attorney represented a marine construction company which had no LHWCA coverage. He removed a maritime workers' personal injury case alleging federal question jurisdiction. The basis for removal was a mention in the Plaintiff's complaint that a marine construction company which lacks LHWCA coverage is not entitled to workers' compensation immunity.

District Judge Henry Adams, rebuking the attorney said:

"Defendant's contention that there is "no mention of a state law claim [in the Complaint]" is obviously incorrect' and Defendant's statement that "it would be incomprehensible to have a substantial federal act ...[ interpreted] by a state court" borders on the flaky."

Apparently the attorney didn't know that Judge Adams was a state court judge for over a decade before ascending to the federal bench.

Needless to say, the motion to remand was granted.