Nassau County Bridge Authority v. Olsen

130 F. Supp. 3d 753, 2015 A.M.C. 2840, 2015 U.S. Dist. LEXIS 125520, 2015 WL 5474354
CourtDistrict Court, E.D. New York
DecidedSeptember 19, 2015
DocketNo. 14-cv-5197 (ADS)(ARL)
StatusPublished
Cited by11 cases

This text of 130 F. Supp. 3d 753 (Nassau County Bridge Authority v. Olsen) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nassau County Bridge Authority v. Olsen, 130 F. Supp. 3d 753, 2015 A.M.C. 2840, 2015 U.S. Dist. LEXIS 125520, 2015 WL 5474354 (E.D.N.Y. 2015).

Opinion

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

This case arises from the damages caused to the Atlantic Beach Bridge (the “Bridge”) in Nassau County on December 8, 2012, after the Kelly, a 260-foot barge being towed by the Dorothy J, a towing vessel, collided with the northwest fender system of the Bridge.

[755]*755On August 26, 2014, the Plaintiff Nassau County Bridge Authority (the “Plaintiff’) commenced an action in the Nassau County Supreme Court against the Defendants James Olsen (“Olsen”), the captain of the Dorothy J at the time of the collision; Henry Marine Service, Inc. (“Henry Marine”), the owner of the Dorothy J at the time of the collision; and Sterling. Equipment, Inc. (“Sterling”), the owner of the Kelly (collectively, the “Defendants”).

The Plaintiff asserted one cause of action based on negligence and sought to recover $850,000 in damages.

On September 4, 2014, the Defendants Olsen and Henry Marine filed a timely notice of removal pursuant to 28 U.S;C. §§ 1333, 1441, and 1446 on the basis of “admiralty jurisdiction.”

Presently before the Court is .a motion filed by the Plaintiff to remand this action to the Nassau County Supreme Court. For the reasons set forth below, the motion to remand is granted.

I. DISCUSSION

The Defendants Olsen and Henry Marine assert that there is federal jurisdiction over this action because (1) the Plaintiffs negligence claim raises the question of whether the Defendants complied with federal drawbridge operation regulations; and (2) after the 2011 amendment to 28 U.S.C. § 1441, admiralty cases, such as this, can be removed to federal court without the assertion of an independent basis of federal subject matter jurisdiction. (The Defs.’ Mem. of Law at 2-5.)

In response, the Plaintiff asserts that the Defendant has failed' show that its claims invoke the jurisdiction of this Court because (1) its negligence claim does not necessarily raise a federal issue, and even if it does, that issue is not substantial enough to warrant exercising federal jurisdiction; and (2) the amendments to 28 U.S.C. § 1441 do not alter a change to the operation of removal in admiralty cases under 28 U.S.C. § 1333, which preserves a plaintiffs right to pursue admiralty claims against in personam defendants in state court.

In turn, the Court will address the parties’ árguments.

A. As to Whether the Plaintiff’s Negligence Claim Presents a Federal Question

Pursuant to 28 U.S.C. § 1441(a), “any civil action ■ brought in a - State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, ‘to the district court of the United States for the district and division embracing the place where such action is pending.” 28 U.S.C. § 1441. '

“ ‘A district court must remand a case to state court ‘if at any time before final judgment it appears that the district court lacks subject matter jurisdiction.’” Vera v. Saks & Co., 335 F.3d 109, 113 (2d Cir.2003) (quoting 28. U.S.C. ‘ § 1447(c)). In addition, a party seeking removal bears the burden of showing that federal jurisdiction is proper. Montefiore Med. Ctr. v. Teamsters Local 272, 642 F.3d 321, 327 (2d Cir.2011) (quoting Cal. Pub. Emps.’ Ret. Sys. v. WorldCom, Inc., 368 F.3d 86, 100 (2d Cir.2004)).

As noted, the Defendants Olsen and Henry Marine contend that removal is proper because the Plaintiffs negligence claim presents a" federal question.

Pursuant to 28 U.S.C. § 1331, district courts have original subject matter jurisdiction “over all civil actions arising under the [United States] Constitution and the laws and treaties of the United States.”

Under the “well-pleaded complaint rule,” a claim “arises” .under the federal law only if a question of federal law ap[756]*756pears on the face of the plaintiffs “well-pleaded complaint” — thus requiring a court to ignore any and all answers, defenses, and counterclaims., See Fleet Bank, Nat’l Ass’n v. Burke, 160 F.3d 883, 886 (2d Cir.1998) (“[The well-pleaded complaint] rule requires a complaint invoking federal question jurisdiction to assert the federal question as, part of the plaintiffs claim and precludes invoking federal question jurisdiction merely to anticipate a federal defense.”).

“This provision for federal-question jurisdiction is invoked by and large by plaintiffs pleading a cause of action created by federal law (e.g., claims under 42 U.S.C. § 1983).” Grable & Sons Metal Products, Inc. v. Darue Eng’g & Mfg., 545 U.S. 308, 312, 125 S.Ct. 2363, 2366, 162 L.Ed.2d 257 (2005). However, the Supreme Court has also recognized in a limited number of cases federal “arising under” jurisdiction over state-law claims that “turn on substantial questions of federal law, and thus justify resort to the experience, solicitude, and hope of uniformity that a federal forum offers on federal issues[.]” Id.

Stated another way:

jurisdiction over a state law claim will lie if a federal issue is: (1) necessarily raised,, (2) actually disputed, (3) substantial, and (4) capable of resolution in federal court without disrupting the federal-state balance approved by Congress.

Gunn v. Minton,--U.S.-, 133 S.Ct. 1059, 1065, 185 L.Ed.2d 72 (2013). Where all four of these requirements are met, the Supreme Court has held that federal jurisdiction’ is proper “because there is a ‘serious federal interest in claiming the advantages thought to be inherent in a federal forum,’ which can be vindicated without disrupting Congress’s intended division of labor between state and federal courts.” Id. (quoting Grable, 545 U.S. at 313-14, 125 S.Ct. 2363).

For example, in Grable & Sons Metal Products, Inc. v. Darue Eng’g & Mfg., supra, the Internal Revenue Service (“IRS”) seized property owned by the plaintiff to satisfy a federal tax delinquency and then sold the property to the defendant 545 U.S. at 310-11, 125 S.Ct. 2363. The plaintiff then brought a quiet title action in state court, claiming that the defendant’s record title was' invalid because the IRS had failed to notify the plaintiff in the manner specified in 26 U.S.C. § 6335.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
130 F. Supp. 3d 753, 2015 A.M.C. 2840, 2015 U.S. Dist. LEXIS 125520, 2015 WL 5474354, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nassau-county-bridge-authority-v-olsen-nyed-2015.