Brown v. Porter

149 F. Supp. 3d 963, 2016 U.S. Dist. LEXIS 17634, 2016 WL 561928
CourtDistrict Court, N.D. Illinois
DecidedFebruary 12, 2016
Docket15 C 8482
StatusPublished
Cited by6 cases

This text of 149 F. Supp. 3d 963 (Brown v. Porter) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Porter, 149 F. Supp. 3d 963, 2016 U.S. Dist. LEXIS 17634, 2016 WL 561928 (N.D. Ill. 2016).

Opinion

Memorandum Opinion and Order

Gary Feinerman, United States District Judge

.John Brown brought this suit against Ralph Porter in the Circuit Court of Cook County, Illinois, after he was injured on a boat piloted by Porter. Doc. 1-1. Porter timely removed the suit to this court, citing the admiralty jurisdiction under 28 U.S.C. § 1333. Doc. 1. Brown has moved to remand the suit to state court, arguing that it does "not fall within thé admiralty jurisdiction and that, even if it did, § 1333’s “saving-to-suitors” clause precludes its removal. Doc. 13. The motion is granted and the case is remanded to state court.

Background

The complaint’s well-pleaded facts are assumed true at this stage of the proceeding. On August 7,. 2013, Brown was a passenger on a boat that Porter was piloting on the waters of Lake Michigan between Navy Pier and the 31st Street Harbor. Doc. 1:1 at ¶¶ 1-2. Porter drove unreasonably fast and tried to jump waves, causing the boat to bounce violently. Id. at 1Í4. Because Porter failed to warn Brown to brace himself, Brown was thrown around the boat’s cabin and sustained severe injuries. Id. at ¶¶ 4-6.

Discussion

As noted, Brown offers two grounds for remand. First, he contends that this suit does not fall within the § 1333 admiralty jurisdiction. Doc. 18 at 1-4. Second, he argues that even if it did, § 1333’s saving-to-suitors clause precludes its removal. Id. at 5-7. Brown is wrong on the first ground but right on the second.

I. This Case Falls Within the § 1333 Admiralty Jurisdiction

The Constitution extends the federal judicial power “to. all Cases of admiralty and maritime Jurisdiction.” U.S.- Const, 'art. Ill, § 2, cl; 1. Congress codified that power in § 1333, which confers jurisdiction on the district courts over “[a]ny civil case of admiralty or maritime jurisdiction, saving to suitors in all cases all other remedies to which they aré otherwise entitled.” 28 U.S.C. § 1333(1). Until relatively recently (from an admiralty law perspective), tort litigants could invoke the admiralty jurisdiction whenever the incident at issue occurred on navigable Waters: “The historic view of [the Supremé] Court ha[d] been that the maritime tort jurisdiction of the federal courts is determined by the locality of the accident and that maritime law governs only those torts occurring on the navigable waters of the United States.” Victory Carriers, Inc. v. Law, 404 U.S. 202, 205, 92 S.Ct. 418, 30 L.Ed.2d 383 (1971).

But in Executive Jet Aviation, Inc. v. City of Cleveland, 409 U.S. 249, 93 S.Ct. 493, 34 L.Ed.2d 454 (1972), the Supreme Court jettisoned the locality test for one also requiring the alleged tort to “bear a significant relationship to traditional maritime activity.” Id. at 268, 93 S.Ct. 493. The Court observed that - the significant relationship test was '“more sensible and more consonant with the purposes of maritime law than ... a purely mechanical application of the locality test,” which hypothetically .would allow “a swimmer at a public beach [who], is injured by another swimmer” to invoke the admiralty jurisdiction. [966]*966Id. at 255, 261, 93 S.Ct. 493. In Jerome B. Grubart, Inc. v. Great Lakes Dredge & Dock Co., 513 U.S. 527, 115 S.Ct. 1043, 130 L.Ed.2d 1024 (1995), the Court explained that the significant relationship test has both a location requirement and a connection-to-maritime-activity requirement:

[A] party seeking to invoke federal admiralty jurisdiction pursuant -to 28 U.S.C. § 1333(1) over a tort claim must satisfy conditions both of location and of connection with maritime < activity. A court applying the location test' must determine whether the .tort occurred on navigable water or whether injury suffered on land was caused by a vessel on navigable water. ,The . connection test raises, .two issues. A court, first, must assess the. general features of the type of incident involyed to determine whether the incident has a potentially disruptive impact on maritime commerce. Second, a court must determine whether the general character of the activity giving rise to the incident shows a substantial relationship to traditional maritime activity.

Id., at 534,115 S.Ct. 1043 (internal citations and quotation marks omitted).

Brown concedes that the locality requirement is satisfied here, as the alleged tort occurred on a boat on Lake Michigan. Doc. 18 at 4. As for the connection requirement, Brown cannot plausibly dispute that Porter’s piloting a boat on Lake Michigan had a substantial relationship to traditional maritime activity. But as to the second component of the connection requirement* Brown contends that Porter’s alleged negligence “could have no conceivable impact on interstate maritime commerce.” Ibid.

Sisson v. Ruby, 497 U.S. 358, 110 S.Ct. 2892, 111 L.Ed.2d 292 (1990), illustrates how the disruptive-impact component of the connection requirement is applied. A pleasure yacht docked at a marina on Lake Michigan caught fire, damaging several neighboring vessels and the marina. See id. at 360, 110 S.Ct. 2892. In rejecting the contention that the fire had only a. minimal potential effect on maritime commerce, the Court explained: .

We determine the potential impact of a given type of incident by examining its general character. The jurisdictional inquiry does not turn on the actual effects on maritime commerce of the fire on Sisson’s vessel-, nor does it turn on the particular facts of the incident in this case, such as the source of the fire or the specific location of the yacht at the marina, that may have rendered the fire on the Ultorian, more or less likely to disrupt, commercial activity. Rather, a court must assess the general features of the type of incident involved to determine whether such an incident is likely to disrupt commercial activity. .

Id. at 363, 110 S.Ct. 2892 (emphases added). Describing the incident as “a fire on a vessel docked at a marina on navigable waters,” the court concluded that it had a potentially disruptive impact on maritime Commerce because the fire could' have “Spread to nearby commercial vessels or make the marina inaccessible to such vessels.” Id. at 362-63,110 S.Ct.'2892.

' Another cogent illustration comes from Jerome B. Grubartj a case arising from the Great Chicago Flood of 1990, which occurred when the collapse of a freight tunnel’s walls allowed water from the Chicago River to flow into the tunnel and surrounding buildings. 513 U.S. at 530, 115 S.Ct. 1043. The Court reasoned that the disruptive-impact component of the connection-to-maritime-activity requirement turned “on a description 'of -the incident at an intermediate level of possible generality.” Id. at 538, 115 S.Ct. 1043.

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149 F. Supp. 3d 963, 2016 U.S. Dist. LEXIS 17634, 2016 WL 561928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-porter-ilnd-2016.