COMPLAINT THAT IS BROUGHT UNDER DIVERSITY AND THAT ASKS FOR JURY TRIAL AND ALSO STATES THAT IT IS AN ADMIRALTY AND MARITIME CLAIM IS PROPERLY IN ADMIRALTY AND REQUEST FOR JURY TRIAL CAN BE WITHDRAWN.
IN RE GRAHAM OFFSHORE, ETC.
CIVIL ACTION NO. 98-724 C/W 99-2951 SECTION: "J"(5)
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA
2000 U.S. Dist. LEXIS 13173
September 5, 2000, Decided
September 6, 2000, Filed
September 6, 2000, Entered
OVERVIEW: While it is certainly preferable to clearly and unambiguously invoke Rule 9(h), such express invocation is not necessary as long as the complaint contains a simple statement identifying the claim as an admiralty or maritime claim. Id. If such a statement is in the complaint, the plaintiff has sufficiently designated her claim so as to invoke[*7] the Admiralty side of the Court. Id. This is true even though plaintiff may at the same time request a jury trial
