28 U.S.C. § 1333
Section 1333 · Admiralty, maritime and prize cases
Amended 2 times on record
Applied in 2,596 court decisions — leading case Romero v. International Terminal Operating Co. (1959)
Most recently applied in Live Life Bella Vita, LLC v. Cruising Yachts, Inc. (September 2024)
Applied most in the First Circuit Circuit (161 decisions)
Cases citing this section usually also cite 28 U.S.C. § 1332 · 28 U.S.C. § 1331 · 28 U.S.C. § 1441
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
The district courts shall have original jurisdiction, exclusive of the courts of the States, of:
(1) Any civil case of admiralty or maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled.
(2) Any prize brought into the United States and all proceedings for the condemnation of property taken as prize.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Historical and Revision Notes
1948 Act
Based on title 28, U.S.C., 1940 ed., §§41(3) and 371 (3), (4) (Mar. 3, 1911, ch. 231, §§24, par. 3, 256, pars. 3, 4, 36 Stat. 1091, 1160; Oct. 6, 1917, ch. 97, §§1, 2, 40 Stat. 395; June 10, 1922, ch. 216, §§1, 2, 42 Stat. 634).
Section consolidates certain provisions of sections 41(3), 371(3) and 371(4) of title 28, U.S.C., 1940 ed. Other provisions of sections 41(3) and 371(4), relating to seizures, are incorporated in section 1356 of this title. (See reviser's note thereunder.)
The “saving to suitors” clause in sections 41(3) and 371(3) of title 28, U.S.C., 1940 ed., was changed by substituting the words “any other remedy to which he is otherwise entitled” for the words “the right of a common law remedy where the common law is competent to give it.” The substituted language is simpler and more expressive of the original intent of Congress and is in conformity with Rule 2 of the Federal Rules of Civil Procedure abolishing the distinction between law and equity.
Provisions of section 41(3) of title 28, U.S.C., 1940 ed., based on the 1917 and 1922 amendments, relating to remedies under State workmen's compensation laws, were deleted. Such amendments were held unconstitutional by the Supreme Court. (See Knickerbocker Ice Co. v. Stewart, 1920, 40 S.Ct. 438, 253 U.S. 149, 64 L.Ed. 834, and State of Washington v. W. C. Dawson & Co., 1924, 44 S.Ct. 302, 264 U.S. 219, 68 L.Ed. 646.)
Words “libellant or petitioner” were substituted for “suitors” to describe moving party in admiralty cases.
Changes were made in phraseology.
1949 Act
This section amends section 1333(a)(1) of title 28, U.S.C., by substituting “suitors” for “libellant or petitioner” to conform to the language of the law in existence at the time of the enactment of the revision of title 28.
Amendments
1949—Subd. (1). Act May 24, 1949, substituted “suitors” for “libellant or petitioner”.
Cross References
Admiralty and maritime jurisdiction of cases of damage or injury to persons or property, caused by a vessel, whether done or consummated on land, see section 740 of Title 46, Appendix, Shipping.
Admiralty suits against United States, jurisdiction, see sections 741 et seq. and 781 et seq. of Title 46, Appendix.
Jury trial in admiralty cases, see section 1873 of this title.
Limitation of vessel owner's liability, see section 181 et seq. of Title 46, Appendix.
Prize—
Generally, see section 7651 et seq. of Title 10, Armed Forces.
Jurisdiction, see section 7652 of Title 10.
Seaman, definition of, see section 10101 of Title 46, Shipping.