Luera v. M/V Alberta’s Empirical Analysis

Citation profile

1 federal appellate · 2 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 20 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If a claim is pleaded under diversity jurisdiction, the rules of civil procedure will apply, and the parties will be guaranteed, under the Seventh Amendment, a right to have the claim tried by a jury. Atl. & Gulf Stevedores [v. Ellerman Lines, Ltd.], 369 U.S. [355] at 360, 82 S.Ct. 780 [ 7 L.Ed.2d 798 (1962)]. If the claim is pleaded under admiralty jurisdiction, however, the plaintiff will invoke "those historical procedures traditionally attached to actions in admiralty.” Durden v. Exxon Corp., 803 F.2d 845 , 849 n. 10 (5th Cir.1986). One of the historical procedures unique to admiralty is that a suit in admiralty does not carry with it the right to a jury trial. Waring v. Clarke, 46 U.S. 441, 460 , 5 How. 441 , 12 L.Ed. 226 (1847); see also Becker v. Tidewater, Inc., 405 F.3d 257, 259 (5th Cir.2005).”

   1 later decision quote this exact passage · from the majority
   e.g. 28 F. Supp. 3d 677 - Figueroa v. Marine Inspection Services, LLC

2. “If a claim for relief is within the admiralty or maritime jurisdiction and also within the court's subject-matter jurisdiction on some other ground, the pleading may designate the claim as an admiralty or maritime claim for purposes of Rules 14(c), 38(e), and 82 and the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions.”); but see Luera v. M/V Alberta, 635 F.3d 181, 189 (5th Cir.2011) (”

   1 later decision quote this exact passage · from the majority
   e.g. 38 F. Supp. 3d 749 - Gregoire v. Enterprise Marine Services, LLC