OCTOBER TERM, 1993
Syllabus
AMERICAN DREDGING CO.
v. MILLER
CERTIORARI TO THE SUPREME COURT OF LOUISIANA No. 91-1950. Argued
November 9, 1993-Decided February 23,1994
After respondent was injured while working as a seaman on a tug
operating on the Delaware River and owned by petitioner, a
Pennsylvania corporation with its principal place of business in
New Jersey, he filed this action in a Louisiana state court
pursuant to the "saving to suitors clause," 28 U. S. C. § 1333(1),
seeking damages under the Jones Act, 46 U. S. C. App. § 688, and
relief under general maritime law. The trial court granted
petitioner's motion to dismiss under the doctrine
offorum non
conveniens, holding that it was bound to apply that doctrine by
federal maritime law. The Court of Appeal affirmed, but the Supreme
Court of Louisiana reversed, holding that a state statute rendering
the doctrine of
forum non conveniens unavailable in Jones
Act and maritime law cases brought in state court is not pre-empted
by federal maritime law.
Held: In admiralty cases filed in a state court under the
Jones Act and the "saving to suitors clause," federal law does not
pre-empt state law regarding the doctrine of
forum non
conveniens. Pp. 446-457.
(a) In exercising
in personam jurisdiction over maritime
actions under the "saving to suitors clause," a state court may
adopt such remedies, and attach to them such incidents, as it sees
fit, so long as those remedies do not "wor[k] material prejudice to
the characteristic features of the general maritime law or
interfer[e] with the proper harmony and uniformity of that law in
its international and interstate relations."
Southern Pacific
Co. v.
Jensen, 244 U. S. 205,216.
Pp.446-447.
(b) Because
forum non conveniens did not originate in
admiralty or have exclusive application there, but has long been a
doctrine of general application, Louisiana's refusal to apply it
does not work "material prejudice to [a] characteristic featur[e]
of the general maritime law" within
Jensen's meaning.
Pp.447-450.
(c) Nor is
forum non conveniens a doctrine whose uniform
application is necessary to maintain "the proper harmony" of
maritime law under
Jensen, 244 U. S., at 216. The uniformity
requirement is not absolute; the general maritime law may be
changed to some extent by state legislation. See
ibid. Forum non
conveniens is in two respects quite dissimilar from any other
matter that this Court's opinions have held to be pre-empted by
federal admiralty law: First, it is a sort of venue rule-procedural
in nature-rather than a substantive rule upon
444
Syllabus
which maritime actors rely in making decisions about how to
manage their business. Second, it is most unlikely ever to produce
uniform results, since the doctrine vests great discretion in the
trial court, see,
e. g., Piper Aircraft Co. v.
Reyno,
454 U. S. 235,
257, and acknowledges multifarious factors as being relevant to its
application, see
Gulf Oil Corp. v.
Gilbert, 330 U. S. 501,508-509.
Pp.450-455.
(d) The foregoing conclusion is strongly confirmed by
examination of federal legislation. The Jones Act permits state
courts to apply their local
forum non conveniens rules. See
46 U. S. C. App. § 688(a);
Missouri ex rel. Southern R. Co.
v.
Mayfield, 340
U. S. 1,5. This supports the view that maritime commerce in
general does not require a uniform rule on the subject. The
implication of the Court's holding in
Bainbridge v.
Merchants &
Miners Transp. Co., 287 U. S. 278,
280-281-that although § 688(a) contains a venue provision, Jones
Act venue in state court should be determined in accordance with
state law-is that federal venue rules in maritime actions are a
matter of judicial housekeeping, prescribed only for the federal
courts. Pp. 455-457.
595 So. 2d 615, affirmed.
SCALIA, J., delivered the opinion of the Court, in which
REHNQUIST, C. J., and BLACKMUN, O'CONNOR, SOUTER, and GINSBURG,
JJ., joined, and in Part II-C of which STEVENS, J., joined. SOUTER,
J., filed a concurring opinion,
post, p. 457. STEVENS, J.,
filed an opinion concurring in part and concurring in the judgment,
post, p. 458. KENNEDY, J., filed a dissenting opinion, in
which THOMAS, J., joined,
post, p. 462.
Thomas J. Wagner argued the cause for
petitioner. With him on the briefs was
Whitney L. Cole.
Timothy J. Falcon argued the cause for
respondent.
With him on the brief were Stephen M. Wiles, John Hunter, and
James A. George.
John F. Manning argued the cause for the United States as amicus
curiae urging affirmance. With him on the brief were Solicitor
General Days, Assistant Attorney General Hunger, and Acting Deputy
Solicitor General Kneedler. *
* Lizabeth L. Burrell and
George W Healy
III filed a brief for the Maritime Law Association of the
United States as
amicus curiae urging reversal.
445
JUSTICE SCALIA delivered the opinion of the Court.
This case presents the question whether, in admiralty cases
filed in a state court under the Jones Act, 46 U. S. C. App. § 688,
and the "saving to suitors clause," 28 U. S. C. § 1333(1), federal
law pre-empts state law regarding the doctrine of
forum non
conveniens.
I
Respondent William Robert Miller, a resident of Mississippi,
moved to Pennsylvania to seek employment in 1987. He was hired by
petitioner American Dredging Company, a Pennsylvania corporation
with its principal place of business in New Jersey, to work as a
seaman aboard the MV
John R., a tug operating on the
Delaware River. In the course of that employment respondent was
injured. After receiving medical treatment in Pennsylvania and New
York, he returned to Mississippi where he continued to be treated
by local physicians.
On December 1, 1989, respondent filed this action in the Civil
District Court for the Parish of Orleans, Louisiana. He sought
relief under the Jones Act, which authorizes a seaman who suffers
personal injury "in the course of his employment" to bring "an
action for damages at law," 46 U. S. C. App. § 688(a), and over
which state and federal courts have concurrent jurisdiction. See
Engel v.
Davenport, 271 U. S. 33, 37 (1926).
Respondent also requested relief under general maritime law for
unseaworthiness, for wages, and for maintenance and cure. See
McAllister v.
Magnolia Petroleum Co., 357 U. S. 221, 224 (1958)
(setting forth means of recovery available to injured seaman).
The trial court granted petitioner's motion to dismiss the
action under the doctrine of
forum non conveniens, holding
that it was bound to apply that doctrine by federal maritime law.
The Louisiana Court of Appeal for the Fourth District affirmed. 580
So. 2d 1091 (1991). The Supreme Court of Louisiana reversed,
holding that Article 123(C) of the Louisi-
446
ana Code of Civil Procedure, which renders the doctrine of
forum non conveniens unavailable in Jones Act and maritime
law cases brought in Louisiana state courts, is not preempted by
federal maritime law. 595 So. 2d 615 (1992). American Dredging
Company filed a petition for a writ of certiorari, which we
granted. 507 U. S. 1028 (1993).
II
The Constitution provides that the federal judicial power "shall
extend ... to all Cases of admiralty and maritime Jurisdiction." U.
S. Const., Art. III, § 2, cl. 1. Federalcourt jurisdiction over
such cases, however, has never been entirely exclusive. The
Judiciary Act of 1789 provided:
"That the district courts shall have, exclusively of the courts
of the several States ... exclusive original cognizance of all
civil causes of admiralty and maritime jurisdiction ... within
their respective districts as well as upon the high seas; saving
to suitors, in all cases, the right of a common law remedy, where
the common law is competent to give it." § 9, 1 Stat. 76-77
(emphasis added).
The emphasized language is known as the "saving to suitors
clause." This provision has its modern expression at 28 U. S. C. §
1333(1), which reads (with emphasis added):
"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."
We have held it to be the consequence of exclusive federal
jurisdiction that state courts "may not provide a remedy
in
rem for any cause of action within the admiralty jurisdiction."
Red Cross Line v.
Atlantic Fruit Co., 264 U. S. 109, 124
(1924). An
in rem suit against a vessel is, we have
said,
447
distinctively an admiralty proceeding, and is hence within the
exclusive province of the federal courts.
The Moses Taylor,
4 Wall. 411, 431 (1867). In exercising
in personam
jurisdiction, however, a state court may" 'adopt such remedies, and
... attach to them such incidents, as it sees fit' so long as it
does not attempt to make changes in the 'substantive maritime
law.'"
Madruga v.
Superior Court of Cal., County of San
Diego, 346 U. S.
556, 561 (1954) (quoting
Red Cross Line, supra, at 124).
That proviso is violated when the state remedy "works material
prejudice to the characteristic features of the general maritime
law or interferes with the proper harmony and uniformity of that
law in its international and interstate relations."
Southern
Pacific Co. v.
Jensen, 244 U. S. 205, 216
(1917). The issue before us here is whether the doctrine of
forum non conveniens is either a "characteristic feature" of
admiralty or a doctrine whose uniform application is necessary to
maintain the "proper harmony" of maritime law. We think it is
neither.1
A
Under the federal doctrine of
forum non conveniens, "when
an alternative forum has jurisdiction to hear [a] case, and when
trial in the chosen forum would 'establish ... op-
IJUSTICE STEVENS asserts that we should not test the Louisiana
law against the standards of
Jensen, a case which, though
never explicitly overruled, is in his view as discredited as
Lochner v.
New York, 198 U. S. 45 (1905). See
post, at 458-459. Petitioner's pre-emption argument was
primarily based upon the principles established in
Jensen,
as repeated in the later cases (which JUSTICE STEVENS also
disparages, see
post, at 459) of
Knickerbocker Ice
Co. v.
Stewart, 253 U. S. 149 (1920), and
Washington v.
W C.
Dawson &
Co.,
264 U. S. 219
(1924), see Brief for Petitioner 12-13. Respondent did not assert
that those principles had been repudiated; nor did the Solicitor
General, who, in support of respondent, discussed
Jensen at
length, see Brief for United States as
Amicus Curiae 5,
11-13, and n. 12. Since we ultimately find that the Louisiana law
meets the standards of
Jensen anyway, we think it
inappropriate to overrule
Jensen in dictum, and without
argument or even invitation.
448
pressiveness and vexation to a defendant ... out of all
proportion to plaintiff's convenience,' or when the 'chosen forum
[is] inappropriate because of considerations affecting the court's
own administrative and legal problems,' the court may, in the
exercise of its sound discretion, dismiss the case," even if
jurisdiction and proper venue are established.
Piper Aircraft
Co. v.
Reyno, 454 U. S. 235, 241 (1981)
(quoting
Koster v.
(American) Lumbermens Mut. Casualty
Co., 330 U. S.
518, 524 (1947)). In
Gulf Oil Corp. v.
Gilbert,
330 U. S. 501
(1947), Justice Jackson described some of the multifarious factors
relevant to the
forum non conveniens determination:
"An interest to be considered, and the one likely to be most
pressed, is the private interest of the litigant. Important
considerations are the relative ease of access to sources of proof;
availability of compulsory process for attendance of unwilling, and
the cost of obtaining attendance of willing, witnesses; possibility
of view of premises, if view would be appropriate to the action;
and all other practical problems that make trial of a case easy,
expeditious and inexpensive. There may also be questions as to the
enforcibility [sic] of a judgment if one is obtained
....
"Factors of public interest also have [a] place in applying the
doctrine. Administrative difficulties follow for courts when
litigation is piled up in congested centers instead of being
handled at its origin. Jury duty is a burden that ought not to be
imposed upon the people of a community which has no relation to the
litigation. In cases which touch the affairs of many persons, there
is reason for holding the trial in their view and reach rather than
in remote parts of the country where they can learn of it by report
only. There is a local interest in having localized controversies
decided at home. There is an appropriateness, too, in having the
trial of a diversity case in a forum that is at home with the state
law that must govern the case, rather than having a
449
court in some other forum untangle problems in conflict of laws,
and in law foreign to itself." Id., at 508-509.2
Although the origins of the doctrine in Anglo-American law are
murky, most authorities agree that
forum non conveniens had
its earliest expression not in admiralty but in Scottish estate
cases. See
Macmaster v.
Macmaster, 11 Sess. Cas. 685,
687 (No. 280) (2d Div. Scot.) (1833);
McMorine v.
Cowie, 7 Sess. Cas. j2d ser.) 270, 272 (No. 48) (1st Div.
Scot.) (1845);
La Societe du Gaz de Paris v.
La Societe
Anonyme de Navigation "Les Armateurs Fran<;ais," [1926]
Sess. Cas. (H. L.) 13 (1925). See generally Speck, Forum Non
Conveniens and Choice of Law in Admiralty: Time for an Overhaul, 18
J. Mar. L. & Com. 185, 187 (1987); Barrett, The Doctrine of
Forum Non Conveniens, 35 Calif. L. Rev. 380, 386-387 (1947);
Braucher, The Inconvenient Federal Forum, 60 Harv. L. Rev. 908, 909
(1947); but see Dainow, The Inappropriate Forum, 29 Ill. L. Rev.
867, 881, n. 58 (1935) (doctrine in Scotland was "borrowed" from
elsewhere before middle of 19th century).
Even within the United States alone, there is no basis for
regarding
forum non conveniens as a doctrine that originated
in admiralty. To be sure, within federal courts it may have been
given its earliest and most frequent expression in admiralty cases.
See
The Maggie Hammond, 9 Wall. 435, 457 (1870);
The
Belgenland, 114
U. S. 355, 365-366 (1885).
2 Gilbert held that it was permissible to dismiss an
action brought in a District Court in New York by a Virginia
plaintiff against a defendant doing business in Virginia for a fire
that occurred in Virginia. Such a dismissal would be improper today
because of the federal venue transfer statute, 28 U. S. C. §
1404(a): "For the convenience of parties and witnesses, in the
interest of justice, a district court may transfer any civil action
to any other district or division where it might have been
brought." By this statute, "[d]istrict courts were given more
discretion to transfer ... than they had to dismiss on grounds of
forum non conveniens." Piper Aircraft Co. v.
Reyno,
454 U. S. 235,
253 (1981). As a consequence, the federal doctrine
offorum non
conveniens has continuing application only in cases where the
alternative forum is abroad.
450
But the doctrine's application has not been unique to admiralty.
When the Court held, in
Gilbert, supra, that
forum non
conveniens applied to all federal diversity cases, Justice
Black's dissent argued that the doctrine had been applied in
maritime cases "[f]or reasons peculiar to the special problems of
admiralty."
Id., at 513. The Court disagreed, reciting a
long history of valid application of the doctrine by state courts,
both at law and in equity.
Id., at 504-505, and n. 4. It
observed that the problem of plaintiffs' misusing venue to the
inconvenience of defendants "is a very old one affecting the
administration of the courts as well as the rights of litigants,
and both in England and in this country the common law worked out
techniques and criteria for dealing with it."
Id., at 507.
Our most recent opinion dealing with
forum non conveniens, Piper
Aircraft Co. v.
Reyno, 454 U. S. 235 (1981),
recognized that the doctrine "originated in Scotland, and became
part of the common law of many States,"
id., at 248, n. 13
(citation omitted), and treated the
forum non conveniens
analysis of
Canada Malting Co. v.
Paterson S.
S., Ltd.,
285
U. S. 413 (1932), an admiralty case, as binding precedent in
the nonadmiralty context.
In sum, the doctrine of
forum non conveniens neither
originated in admiralty nor has exclusive application there. To the
contrary, it is and has long been a doctrine of general
application. Louisiana's refusal to apply
forum non
conveniens does not, therefore, work "material prejudice to [a]
characteristic featur[e] of the general maritime law."
Southern
Pacific Co. v.
Jensen, 244 U. S., at 216.
B
Petitioner correctly points out that the decision here under
review produces disuniformity. As the Fifth Circuit noted in
Ikospentakis v.
Thalassic S. S.
Agency,
915 F.2d
176, 179 (1990), maritime defendants "have access to a
forum
non conveniens defense in federal court that is not presently
recognized in Louisiana state courts." We must therefore con-
451
sider whether Louisiana's rule "interferes with the proper
harmony and uniformity" of maritime law,
Southern Pacific
Co. v.
Jensen, supra, at 216.
In
The Lottawanna, 21 Wall. 558, 575 (1875), Justice
Bradley, writing for the Court, said of the Article III provision
extending federal judicial power "to all Cases of admiralty and
maritime Jurisdiction":
"One thing ... is unquestionable; the Constitution must have
referred to a system of law coextensive with, and operating
uniformly in, the whole country. It certainly could not have been
the intention to place the rules and limits of maritime law under
the disposal and regulation of the several States, as that would
have defeated the uniformity and consistency at which the
Constitution aimed on all subjects of a commercial character
affecting the intercourse of the States with each other or with
foreign states."
By reason of this principle, we disallowed in
Jensen the
application of state workers' compensation statutes to injuries
covered by the admiralty jurisdiction. Later, in
Knickerbocker
Ice Co. v.
Stewart, 253 U. S. 149, 163-164
(1920), we held that not even Congress itself could permit such
application and thereby sanction destruction of the
constitutionally prescribed uniformity. We have also relied on the
uniformity principle to hold that a State may not require that a
maritime contract be in writing where admiralty law regards oral
contracts as valid,
Kossick v.
United Fruit Co.,
365 U. S. 731
(1961).
The requirement of uniformity is not, however, absolute.
As
Jensen itself recognized: "[I]t would be difficult, if
not impossible, to define with exactness just how far the general
maritime law may be changed, modified, or affected by state
legislation. That this may be done to some extent cannot be
denied." 244 U. S., at 216. A later case describes to what breadth
this "some extent" extends:
452
"It is true that state law must yield to the needs of a uniform
federal maritime law when this Court finds inroads on a harmonious
system[,] [b]ut this limitation still leaves the States a wide
scope. State-created liens are enforced in admiralty. State
remedies for wrongful death and state statutes providing for the
survival of actions ... have been upheld when applied to maritime
causes of action .... State rules for the partition and sale of
ships, state laws governing the specific performance of arbitration
agreements, state laws regulating the effect of a breach of
warranty under contracts of maritime insurance-all these laws and
others have been accepted as rules of decision in admiralty cases,
even, at times, when they conflicted with a rule of maritime law
which did not require uniformity." Romero v.
International Terminal Operating Co., 358 U. S. 354, 373-374
(1959) (footnotes omitted).
It would be idle to pretend that the line separating permissible
from impermissible state regulation is readily discernible in our
admiralty jurisprudence, or indeed is even entirely consistent
within our admiralty jurisprudence. Compare
Kossick, supra
(state law cannot require provision of maritime contract to be in
writing), with
Wilburn Boat Co. v.
Fireman's Fund Ins.
Co., 348 U. S.
310 (1955) (state law can determine effect of breach of
warranty in marine insurance policy).3 Happily, it is unnecessary
to wrestle
3 Whatever might be the unifying theme of this aspect of our
admiralty jurisprudence, it assuredly is
not what the
dissent takes it to be, namely, the principle that the States may
not impair maritime commerce, see
post, at 463-464, 467. In
Fireman's Fund, for example, we did not inquire whether the
breach-of-warranty rule Oklahoma imposed would help or harm
maritime commerce, but simply whether the State had power to
regulate the matter. The no-harm-to-commerce theme that the dissent
plays is of course familiar to the ear-not from our admiralty
repertoire, however, but from our "negative Commerce Clause"
jurisprudence, see
453
with that difficulty today. Wherever the boundaries of
permissible state regulation may lie, they do not invalidate state
rejection of
forum non conveniens, which is in two respects
quite dissimilar from any other matter that our opinions have held
to be governed by federal admiralty law: it is procedural rather
than substantive, and it is most unlikely to produce uniform
results.
As to the former point: At bottom, the doctrine of
forum non
conveniens is nothing more or less than a supervening venue
provision, permitting displacement of the ordinary rules of venue
when, in light of certain conditions, the trial court thinks that
jurisdiction ought to be declined. But venue is a matter that goes
to process rather than substantive rights-determining which among
various competent courts will decide the case. Uniformity of
process (beyond the rudimentary elements of procedural fairness) is
assuredly not what the law of admiralty seeks to achieve, since it
is supposed to apply in all the courts of the world. Just as state
courts, in deciding admiralty cases, are not bound by the venue
requirements set forth for federal courts in the United States
Code, so also they are not bound by the federal common-law venue
rule (so to speak) of
forum non conveniens. Because the
doctrine is one of procedure rather than substance, petitioner is
wrong to claim support from our decision in
Pope &
Talbot, Inc. v.
Hawn, 346 U. S. 406 (1953),
which held that Pennsylvania courts must apply the admi-
Bendix Autolite Corp. v.
Midwesco Enterprises,
Inc., 486 U. S.
888, 891 (1988). No Commerce Clause challenge is presented in
this case.
Similarly misdirected is the dissent's complaint that Article
123 of the Louisiana Code of Civil Procedure unfairly discriminates
against maritime defendants because it permits application
offorum non conveniens in nonmaritime cases, see
post, at 462-463. The only issue raised and argued in this
appeal, and the only issue we decide, is whether state courts must
apply the federal rule of
forum non conveniens in maritime
actions. Whether they may accord discriminatory treatment to
maritime actions by applying a state
forum non conveniens
rule in all except maritime cases is a question not remotely before
us.
454
ralty rule that contributory negligence is no bar to recovery.
The other case petitioner relies on,
Garrett v.
MooreMcCormack Co., 317 U. S. 239, 248-249
(1942), held that the traditional maritime rule placing the burden
of proving the validity of a release upon the defendant pre-empts
state law placing the burden of proving invalidity upon the
plaintiff. In earlier times, burden of proof was regarded as
"procedural" for choice-of-Iaw purposes such as the one before us
here, see,
e. g., Levy v.
Steiger, 233 Mass. 600, 124
N. E. 477 (1919); Restatement of Conflict of Laws § 595 (1934). For
many years, however, it has been viewed as a matter of substance,
see
Cities Service Oil Co. v.
Dunlap, 308 U. S. 208, 212
(1939)-which is unquestionably the view that the Court took in
Garrett, stating that the right of the plaintiff to be free
of the burden of proof "inhered in his cause of action," "was a
part of the very substance of his claim and cannot be considered a
mere incident of a form of procedure." 317 U. S., at 249. Unlike
burden of proof (which is a sort of default rule of liability) and
affirmative defenses such as contributory negligence (which
eliminate liability),
forum non conveniens does not bear
upon the substantive right to recover, and is not a rule upon which
maritime actors rely in making decisions about primary conduct-how
to manage their business and what precautions to take.4
4 It is because
forum non conveniens is not a substantive
right of the parties, but a procedural rule of the forum, that the
dissent is wrong to say our decision will cause federal-court
forum non conveniens determinations in admiralty cases to be
driven, henceforth, by state law-i.
e., that the federal
court in a State with the Louisiana rule may as well accept
jurisdiction, since otherwise the state court will. See
post, at 468-469. That is no more true
offorum non
conveniens than it is of venue. Under both doctrines, the
object of the dimissal is achieved whether or not the party can
then repair to a state court in the same location. Federal courts
will continue to invoke
forum non conveniens to decline
jurisdiction in appropriate cases, whether or not the State in
which they sit chooses to burden its judiciary with litigation
better handled elsewhere.
455
But to tell the truth,
forum non conveniens cannot really
be
relied upon in making decisions about secondary
conduct-in deciding, for example, where to sue or where one is
subject to being sued. The discretionary nature of the doctrine,
combined with the multifariousness of the factors relevant to its
application, see the quotation from
Gilbert, supra, at
448-449, make uniformity and predictability of outcome almost
impossible. "The
forum non conveniens determination," we
have said, "is committed to the sound discretion of the trial
court. It may be reversed only when there has been a clear abuse of
discretion; where the court has considered all relevant public and
private interest factors, and where its balancing of these factors
is reasonable, its decision deserves substantial deference."
Piper Aircraft Co. v.
Reyno, 454 U. S., at 257. We
have emphasized that "'[e]ach case turns on its facts'" and have
repeatedly rejected the use of
per se rules in applying the
doctrine.
Id., at 249;
Koster v.
(American)
Lumbermens Mut. Casualty Co., 330 U. S., at 527. In such
a regime, one can rarely count on the fact that jurisdiction will
be declined.
C
What we have concluded from our analysis of admiralty law in
general is strongly confirmed by examination of federal
legislation. While there is an established and continuing tradition
of federal common lawmaking in admiralty, that law is to be
developed, insofar as possible, to harmonize with the enactments of
Congress in the field. Foremost among those enactments in the field
of maritime torts is the Jones Act, 46 U. S. C. App. § 688.
That legislation, which establishes a uniform federal law that
state as well as federal courts must apply to the determination of
employer liability to seamen,
Garrett, supra, at 244,
incorporates by reference "all statutes of the United States
modifying or extending the common-law right or remedy in cases of
personal injury to railway employees." 46
456
u. S. C. App. § 688(a). Accordingly, we have held that the Jones
Act adopts "the entire judicially developed doctrine of liability"
under the Federal Employers' Liability Act (FE LA), 35 Stat. 65, as
amended, 45 U. S. C. § 51
et seq. Kernan v.
American
Dredging Co., 355
U. S. 426, 439 (1958). More particularly, we have held that the
Jones Act adopts the "uniformity requirement" of the FELA,
requiring state courts to apply a uniform federal law.
Garrett,
supra, at 244. And-to come to the point of this
excursus-despite that uniformity requirement we held in
Missouri
ex rel. Southern R. Co. v.
Mayfield, 340 U. S. 1, 5 (1950), that
a state court presiding over an action pursuant to the FELA "should
be freed to decide the availability of the principle of
forum
non conveniens in these suits according to its own local law."
We declared
forum non conveniens to be a matter of "local
policy,"
id., at 4, a proposition well substantiated by the
local nature of the "public factors" relevant to the
forum non
conveniens determination. See
Reyno, supra, at 241, and
n. 6 (quoting
Gilbert, 330 U. S., at 509).
We think it evident that the rule which
Mayfield
announced for the FELA applies as well to the Jones Act, which in
turn supports the view that maritime commerce in general does not
require a uniform rule of
forum non conveniens. Amicus
Maritime Law Association of the United States argues that "whether
or not it is appropriate to analogize from FELA to the Jones Act,
Mayfield cannot save the result below because the Louisiana
statute abolishes the
forum non conveniens doctrine in
all maritime cases, not just those arising under the Jones
Act." Brief for Maritime Law Association as
Amicus Curiae
16. It is true enough that the
Mayfield rule does not
operate
ex proprio vigore beyond the field of the FELA and
(by incorporation) the Jones Act. But harmonization of general
admiralty law with congressional enactments would have little
meaning if we were to hold that, though
forum non conveniens
is a local matter for purposes of the Jones Act, it is nevertheless
a matter of global concern requiring uniformity under gen-
457
eral maritime law. That is especially so in light of our
recognition in
McAllister v.
Magnolia Petroleum Co.,
357 U. S., at 224-225, that, for practical reasons, a seaman will
almost always combine in a single action claims for relief under
the Jones Act and general maritime law. It would produce dissonance
rather than harmony to hold that his claims for unseaworthiness and
maintenance and cure, but not his Jones Act claim, could be
dismissed for
forum non conveniens.
The Jones Act's treatment of venue lends further support to our
conclusion. In
Bainbridge v.
Merchants &
Miners Transp. Co., 287 U. S. 278, 280-281
(1932), we held that although 46 U. S. C. App. § 688(a) contains a
venue provision, "venue [in Jones Act cases brought in state court]
should ... [be] determined by the trial court in accordance with
the law of the state." The implication of that holding is that
venue under the Jones Act is a matter of judicial housekeeping that
has been prescribed only for the federal courts. We noted earlier
that
forum non conveniens is a sort of supervening venue
rule-and here again, what is true for venue under the Jones Act
should ordinarily be true under maritime law in general. What we
have prescribed for the federal courts with regard to
forum non
conveniens is not applicable to the States.
***
Amicus the Solicitor General has urged that we limit our
holding, that
forum non conveniens is not part of the
uniform law of admiralty, to cases involving domestic entities. We
think it unnecessary to do that. Since the parties to this suit are
domestic entities it is quite impossible for our holding to be any
broader.
The judgment of the Supreme Court of Louisiana is
Affirmed.
JUSTICE SOUTER, concurring.
I join in the opinion of the Court because I agree that in most
cases the characterization of a state rule as substantive
458
or procedural will be a sound surrogate for the conclusion that
would follow from a more discursive pre-emption analysis. The
distinction between substance and procedure will, however,
sometimes be obscure. As to those close cases, how a given rule is
characterized for purposes of determining whether federal maritime
law pre-empts state law will turn on whether the state rule unduly
interferes with the federal interest in maintaining the free flow
of maritime commerce.
JUSTICE STEVENS, concurring in part and concurring in the
judgment.
It is common ground in the debate between the Court and JUSTICE
KENNEDY that language from the majority opinion in
Southern
Pacific Co. v.
Jensen, 244 U. S. 205 (1917),
correctly defines this Court's power to prevent state tribunals
from applying state laws in admiralty cases. See
ante, at
447, post, at 463. In my view,
Jensen is just as
untrustworthy a guide in an admiralty case today as
Lochner
v.
New York,
198 U. S. 45 (1905), would
be in a case under the Due Process Clause.
In the
Jensen case, five Members of this Court concluded
that the State of New York did not have the authority to award
compensation to an injured longshoreman because application of the
state remedy would interfere with the "proper harmony and
uniformity" of admiralty law. 244 U. S., at 216. Justice Holmes'
dissenting opinion in
Jensen, no less eloquent than his
famous dissent in
Lochner, scarcely needs embellishment. See
244 U. S., at 218-223.1 None-
1 The central theme of Holmes' dissent was that nothing in the
Constitution or in the Judiciary Act's grant of jurisdiction over
admiralty cases to the district courts prevented New York from
supplementing the "very limited body of customs and ordinances of
the sea" with its statutory workers' compensation remedy.
Southern Pacific Co. v.
Jensen, 244 U. S. 205, 220
(1917). Holmes'
Jensen dissent was the source of his famous
observations that "judges do and must legislate, but they can do so
only interstitially,"
id., at 221, and that "[t]he common
law is not a brooding omni-
459
theless, like
Lochner itself,
Jensen has never
been formally overruled. Indeed, in
Knickerbocker Ice Co. v.
Stewart, 253 U. S. 149 (1920), the same majority that
decided
Jensen reached the truly remarkable conclusion that
even Congress could not authorize the States to apply their
workmen's compensation laws in accidents subject to admiralty
jurisdiction. See also
Washington v.
W C.
Dawson &
Co., 264 U. S. 219 (1924).
As Justice Brandeis stated in dissent in
Washington, it
takes an extraordinarily long and tenuous "process of deduction" to
find in a constitutional grant of judicial jurisdiction a strong
federal pre-emption doctrine unwaivable even by Congress. See
id., at 230-231.
Jensen and its progeny represent an
unwarranted assertion of judicial authority to strike down or
confine state legislation-even state legislation approved by Act of
Congress-without any firm grounding in constitutional text or
principle. In my view, we should not rely upon and thereby breathe
life into this dubious line of cases.
Jensen asks courts to determine whether the state law
would materially impair "characteristic features" of federal
maritime law. 244 U. S., at 216. The unhelpful abstractness of
those words leaves us without a reliable compass for navigating
maritime pre-emption problems. As JUSTICE KENNEDY demonstrates, the
forum non conveniens doctrine may be classified as a
"characteristic feature" of federal admiralty jurisprudence even
though it did not
originate in, nor is it
exclusive
to, the law of admiralty. Compare
ante, at 449-450, with
post, at 463-467. There is, however, no respectable judicial
authority for the proposition that every "characteristic feature"
of federal maritime law must prevail over state law.
As JUSTICE KENNEDY observes,
post, at 462-463, it is not
easy to discern a substantial policy justification for Louisi-
presence in the sky but the articulate voice of some sovereign
or quasi-sovereign that can be identified,"
id., at 222.
460
ana's selective "open forum" statute, which exempts only federal
maritime and Jones Act claims from the State's general
forum non
conveniens policy. The statute arguably implicates concerns
about disruptive local restrictions on maritime commerce that help
explain why admiralty has been a federal subject. I am not
persuaded, however, that the answer to those concerns lies in an
extension of the patchwork maritime pre-emption doctrine. If this
Court's maritime pre-emption rulings can be arranged into any
pattern, it is a most haphazard one. See generally Currie,
Federalism and the Admiralty: "The Devil's Own Mess," 1960 S. Ct.
Rev. 158. Such a capricious doctrine is unlikely to aid the free
flow of commerce, and threatens to have the opposite effect.
In order to decide this case, it is enough to observe that
maritime pre-emption doctrine allows state courts to use their own
procedures in saving clause and Jones Act cases, see
Offshore
Logistics, Inc. v.
Tallentire, 477 U. S. 207, 222223
(1986), and that
forum non conveniens is, as the Court
observes, best classified as a kind of secondary venue rule.2
Equally significant is the fact that Congress, which has
unquestioned power to decree uniformity in maritime matters, has
declined to set forth a federal forum convenience standard for
admiralty cases.
Ante, at 455-457. It also appears to have
withheld from Jones Act defendants the right of removal generally
applicable to claims based on federal law. See 28 U. S. C. §
1445(a); 46 U. S. C. App. § 688(a);
In re Dutile,
935 F.2d
61, 62 (CA5 1991). Congress may "determine whether uniformity
of regulation is required or diversity is permissible."
Washington, 264 U. S., at 234 (Brandeis, J.,
2 Even if we were to impose a
forum non conveniens rule
on Louisiana, the resulting standard would be altogether different
from the federal version because Louisiana has chosen to bear the
various costs of entertaining far-flung claims. See
Gulf Oil
Corp. v.
Gilbert, 330 U. S. 501, 508-509
(1947) (forum's own interests must be weighed in
forum non
conveniens balancing test).
Instead,jorum non conveniens
would operate simply as an admonition to take heed of the
inconvenience to the foreign defendant.
461
dissenting). When relevant federal legislation indicates that
Congress has opted to permit state "diversity" in admiralty
matters, a finding of federal pre-emption is inappropriate. Just as
in cases involving non-maritime subjects, see,
e. g.,
Cipollone v.
Liggett Group, Inc., 505 U. S. 504, 516
(1992), we should not lightly conclude that the federal law of the
sea pre-empts a duly enacted state statute. Instead, we should
focus on whether the state provision in question conflicts with
some particular substantive rule of federal statutory or common
law, or, perhaps, whether federal maritime rules, while not
directly inconsistent, so pervade the subject as to preclude
application of state law. We should jettison
Jensen's
special maritime pre-emption doctrine and its abstract standards of
"proper harmony" and "characteristic features."
The
Jensen decision and its progeny all rested upon the
view that a strong pre-emption doctrine was necessary to vindicate
the purpose of the Admiralty Clause to protect maritime commerce
from the "unnecessary burdens and disadvantages incident to
discordant legislation."
Knickerbocker Ice Co., 253 U. S.,
at 164. See also
Washington, 264 U. S., at 228;
Jensen, 244 U. S., at 217. Whether or not this view of the
Clause is accurate as a historical matter, see Castro, The Origins
of Federal Admiralty Jurisdiction in an Age of Privateers,
Smugglers and Pirates, 37 Am. J. Legal Hist. 117, 154 (1993)
(original purpose of Clause was to ensure federal jurisdiction over
prize, criminal, and revenue cases; private maritime disputes were
viewed as matters for state courts), protection of maritime
commerce has been a central theme in our admiralty jurisprudence.
While I do not propose that we abandon commerce as a guiding
concern, we should recognize that, today, the federal interests in
free trade and uniformity are amply protected by other means. Most
importantly, we now recognize Congress' broad authority under the
Commerce Clause to supplant state law with uniform federal
statutes. Moreover, state laws that affect
462
maritime commerce, interstate and foreign, are subject to
judicial scrutiny under the Commerce Clause. And to the extent that
the mere assertion of state judicial power may threaten maritime
commerce, the Due Process Clause provides an important measure of
protection for out-of-state defendants, especially foreigners. See
Asahi Metal Industry Co. v.
Superior Court of Cal.,
Solano Cty., 480
U. S. 102 (1987); Helicopteros Nacionales de Colombia,
S.
A. v.
Hall, 466 U. S. 408 (1984).3
Extension of the ill-advised doctrine of
Jensen is not the
appropriate remedy for unreasonable state venue rules.
Accordingly, I concur in the judgment and in Part II -C of the
opinion of the Court.
JUSTICE KENNEDY, with whom JUSTICE THOMAS joins, dissenting.
The Court gives a careful and comprehensive history of the
forum non conveniens doctrine but, in my respectful view,
draws the wrong conclusions from this account and from our
precedents. Today's holding contradicts two just and well-accepted
principles of admiralty law: uniformity and the elimination of
unfair forum selection rules. When hearing cases governed by the
federal admiralty and maritime law, the state courts, to be sure,
have broad discretion to reject a
forum non conveniens
motion. They should not be permitted, however, to disregard the
objection altogether. With due respect, I dissent.
Neither the Court nor respondent is well positioned in this case
to contend that the State has some convincing reason to outlaw the
forum non conveniens objection. For the fact is, though the
Court seems unimpressed by the irony, the State of Louisiana
commands its courts to entertain the
forum non conveniens
objection in all federal civil cases except for admiralty, the very
context in which the rule is most
3 Petitioner asserted such a defense in the trial court, but has
not asserted a personal jurisdiction challenge before this
Court.
463
prominent and makes most sense. Compare La. Code Civ. Proc.
Ann., Art. 123(B) (West Supp. 1993) ("Except as provided in
Paragraph C, upon the contradictory motion of any defendant in a
civil case filed in a district court of this state in which a claim
or cause of action is predicated solely upon a federal statute and
is based upon acts or omissions originating outside of this state,
when it is shown that there exists a more appropriate forum outside
of this state, taking into account the location where the acts
giving rise to the action occurred, the convenience of the parties
and witnesses, and the interest of justice, the court may dismiss
the suit without prejudice ... ") with Art. 123(C) ("The provisions
of Paragraph B shall not apply to claims brought pursuant to 46 U.
S. C. § 688 [the Jones Act] or federal maritime law"). Louisiana's
expressed interest is to reach out to keep maritime defendants, but
not other types of defendants, within its borders, no matter how
inconvenient the forum. This state interest is not the sort that
should justify any disuniformity in our national admiralty law.
In all events, the Court misapprehends the question it should
confront. The issue here is not whether
forum non conveniens
originated in admiralty law, or even whether it is unique to that
subject, but instead whether it is an important feature of the
uniformity and harmony to which admiralty aspires. See
Southern
Pacific Co. v.
Jensen, 244 U. S. 205, 216
(1917). From the historical evidence, there seems little doubt to
me that
forum non conveniens is an essential and salutary
feature of admiralty law. It gives shipowners and ship operators a
way to avoid vexatious litigation on a distant and unfamiliar
shore. By denying this defense in all maritime cases, Louisiana
upsets international and interstate comity and obstructs maritime
trade. And by sanctioning Louisiana's law, a rule explicable only
by some desire to disfavor maritime defendants, the Court condones
the forum shopping and disuniformity that the admiralty
jurisdiction is supposed to prevent.
464
In committing their ships to the general maritime trade, owners
and operators run an unusual risk of being sued in venues with
little or no connection to the subject matter of the suit. A wage
dispute between crewman and captain or an accident on board the
vessel may erupt into litigation when the ship docks in a faraway
port. Taking jurisdiction in these cases, instead of allowing them
to be resolved when the ship returns home, disrupts the schedule of
the ship and may aggravate relations with the State from which it
hales. See Bickel, The Doctrine of Forum Non Conveniens As Applied
in the Federal Courts in Matters of Admiralty, 35 Cornell L. Q. 12,
20-21 (1949) ("[H]olding a ship and its crew in an American port,
to which they may have come to do no more than refuel, may, in the
eyes of the nation of the flag be deemed an undue interference with
her commerce, and a violation of that 'comity and delicacy' which
in the more courtly days of some of the earlier cases were
considered normal among the nations" (footnote omitted)).
From the beginning, American admiralty courts have confronted
this problem through the
forum non conveniens doctrine. As
early as 1801, a Pennsylvania District Court declined to take
jurisdiction over a wage dispute between a captain and crewman of a
Danish ship.
Willendson v.
Forsoket, 29 F. Cas. 1283
(No. 17,682) (Pa.). "It has been my general rule," explained the
court, "not to take cognizance of disputes between the masters and
crews of foreign ships."
Id., at 1284. "Reciprocal policy,
and the justice due from one friendly nation to another, calls for
such conduct in the courts of either country."
Ibid.
Dismissals for reasons of comity and
forum non conveniens
were commonplace in the 19th century. See,
e. g.,
The Infanta, 13 F. Cas. 37, 39 (No. 7,030) (SDNY 1848)
(dismissing claims for wages by two seamen from a British ship:
"This court has repeatedly discountenanced actions by foreign
seamen against foreign vessels not terminating their voyages at
this port, as being calculated to embarrass com-
465
mercial transactions and relations between this country and
others in friendly relations with it");
The Carolina,
14 F.4d
4, 426 (La. 1876) (dismissing seaman's claim that he was beaten
by his crewmates while on board a British ship; "for courts to
entertain this and similar suits during a voyage which the parties
had agreed to make at intermediate points at which the vessel might
touch, would impose delays which might seriously and uselessly
embarrass the commerce of a friendly power");
The
Montapedia, 14 F.4d
7 (ED La. 1882) (dismissing suit by Chinese plaintiffs against
a British ship);
The Walter D. Wallet, 66
F.1d 11 (SD Ala. 1895) (dismissing suit by British seaman
against master of British ship for costs of medical care while in a
United States marine hospital). The practice had the
imprimatur of this Court. See
Mason v.
Ship
Blaireau, 2 Cranch 240, 264 (1804) (Marshall, C. J.)
(recognizing
forum non conveniens doctrine but not applying
it in that case);
The Belgenland, 114 U. S. 355, 362-369
(1885) (same);
Charter Shipping Co. v.
Bowring, Jones
&
Tidy, Ltd., 281 U. S. 515, 517 (1930)
(affirming
forum non conveniens dismissal of maritime
dispute between British firms). By 1932, Justice Brandeis was able
to cite "an unbroken line of decisions in the lower federal courts"
exercising "an unqualified discretion to decline jurisdiction in
suits in admiralty between foreigners."
Canada Malting Co.
v.
Paterson S.
S., Ltd., 285 U. S. 413, 421-422,
and nn. 2-4 (affirming
forum non conveniens dismissal of
maritime dispute between Canadian shipping companies).
Long-time foreign trading partners also recognize the
forum
non conveniens doctrine. The ,Court notes the doctrine's roots
in Scotland. See
La Societe du Gaz de Paris v.
La Societe
Anonyme de Navigation "Les Armateurs Fran<;ais," [1926]
Sess. Cas. 13 (H. L. 1925) (affirming dismissal of breach of
contract claim brought by French manufacturer against French
shipowner who had lost the manufacturer's cargo at sea). English
courts have followed Scotland, although most often they stay the
case rather than dismiss
466
it. See
The Atlantic Star, [1974] App. Cas. 436 (H. L.
1973) (staying action between a Dutch barge owner and a Dutch
shipowner whose vessels had collided in Belgian waters, pending the
outcome of litigation in Antwerp);
The Po, [1990] 1 Lloyd's
Rep. 418 (Q. B. Adm. 1990) (refusing to stay action between Italian
shipowner and American shipowner whose vessels had collided in
Brazilian waters);
The Lakhta, [1992] 2 Lloyd's Rep. 269 (Q.
B. Adm. 1992) (staying title dispute between Latvian plaintiffs and
Russian defendant, so that plaintiffs could sue in Russian court).
The Canadian Supreme Court has followed England and Scotland. See
Antares Shipping Corp. v.
Delmar Shipping Ltd.
(The Capricorn), [1977] 1 Lloyd's Rep. 180, 185 (1976) (citing
Atlantic Star and
Societe du Gaz).
From all of the above it should be clear that
forum non
conveniens is an established feature of the general maritime
law. To the main point, it serves objectives that go to the vital
center of the admiralty pre-emption doctrine. Comity with other
nations and among the States was a primary aim of the Constitution.
At the time of the framing, it was essential that our prospective
foreign trading partners know that the United States would uphold
its treaties, respect the general maritime law, and refrain from
erecting barriers to commerce. The individual States needed similar
assurances from each other. See The Federalist No. 22, pp. 143-145
(C. Rossiter ed. 1961) (Hamilton); Madison, Vices of the Political
System of the United States, 2 Writings of James Madison 362-363
(G. Hunt ed. 1901). Federal admiralty and maritime jurisdiction was
the solution. See 2 J. Story, Commentaries on the Constitution of
the United States § 1672 (5th ed. 1833); The Federalist No. 80,
supra, at 478 (Hamilton). And so, when the States were
allowed to provide commonlaw remedies for
in personam
maritime disputes through the saving to suitors clause, it did not
follow that they were at liberty to set aside the fundamental
features of admiralty law. "The confusion and difficulty, if
vessels were compelled
467
to comply with the local statutes at every port, are not
difficult to see .... [T]he Union was formed with the very definite
design of freeing maritime commerce from intolerable restrictions
incident to such controL"
Washington v.
W C.
Dawson &
Co., 264 U. S. 219, 228
(1924). Accord,
The Lottawanna, 21 Wall. 558, 575 (1875);
Jensen, 244 U. S., at 215-217.
Louisiana's open forum policy obstructs maritime commerce and
runs the additional risk of impairing relations among the States
and with our foreign trading partners. These realities cannot be
obscured by characterizing the defense as procedural. See
ante, at 452-454; but see Bickel, 35 Cornell L. Q., at 17
("[T]he
forum non conveniens problem ... is inescapably
connected with the substantive rights of the parties in any given
type of suit, rather than ... 'merely' an 'administrative'
problem"). The
reverse-Erie metaphor, while perhaps of use
in other contexts, see
Offshore Logistics, Inc. v.
Tallentire, 477 U. S. 207, 222-223
(1986), is not a sure guide for determining when a specific state
law has displaced an essential feature of the general maritime law.
See
Exxon Corp. v.
Chick Kam Choo, 817 F. 2d 307, 319
(CA5 1987) ("drawing conclusions from metaphors is dangerous").
Procedural or substantive, the
forum non conveniens defense
promotes comity and trade. The States are not free to undermine
these goals.
It is true that in
Missouri ex rel. Southern R. Co. v.
Mayfield, 340 U. S. 1 (1950), we held
the state courts free to ignore
forum non conveniens in
Federal Employers' Liability Act (FELA) cases. But we did not
consider the maritime context. Unlike FELA, a domestic statute
controlling domestic markets, the admiralty law is international in
its concern. A state court adjudicating a FELA dispute interposes
no obstacle to our foreign relations. And while the Jones Act in
turn makes FELA available to maritime claimants, that Act says
nothing about
forum non conveniens. See 46 U. S. C. App. §
688.
468
In any event, the Court's ruling extends well beyond the Jones
Act; it covers the whole spectrum of maritime litigation. Courts
have recognized the
forum non conveniens defense in a broad
range of admiralty disputes: breach of marine insurance contract,
Calavo Growers of Cal. v.
Generali Belgium, 632 F.2d
963 (CA2 1980); collision,
Ocean Shelf Trading, Inc. v.
Flota Mercante Grancolumbiana S.
A., 638 F. Supp. 249
(SDNY 1986); products liability,
Matson Navigation Co. v.
Stal-Laval Turbin AB, 609 F. Supp. 579 (ND Cal. 1985); cargo
loss,
The Red Sea Ins. Co. v. S. S.
Lucia Del Mar,
1983 A. M. C. 1630 (SDNY 1982), aff'd, 1983 A. M. C. 1631 (CA2
1983); and breach of contract for carriage,
Galban Lobo Trading
Co. v.
Canadian Leader Ltd., 1963 A. M. C. 988 (SDNY
1958), to name a few. See Brief for Maritime Law Association of the
United States as
Amicus Curiae 12. In all of these cases,
federal district courts will now hear
forum non conveniens
motions in the shadow of state courts that refuse to consider it.
Knowing that upon dismissal a maritime plaintiff may turn around
and sue in one of these state courts, see
Chick Kam Choo v.
Exxon Corp., 486 U. S. 140 (1988), a
federal court is now in a most difficult position. May it overrule
a
forum non conveniens motion it otherwise would have
granted, because the state forum is open? See
Ikospentakis
v.
Thalassic S. S.
Agency, 915
F.2d 176, 180 (CA5 1990) (reversing the grant of plaintiff's
voluntary dismissal motion, because the
forum non conveniens
defense was not available to defendants in the Louisiana court
where plaintiff had also sued; refusing "to insist that these
foreign appellants become guinea pigs in an effort to overturn
Louisiana's erroneous rule"). Since the Court now makes
forum
non conveniens something of a derelict in maritime law, perhaps
it is unconcerned that federal courts may now be required to alter
their own
forum non conveniens determinations to accommodate
the policy of the State in which they sit. Under federal maritime
principles, I should have
469
thought that the required accommodation was the other way
around. The Supreme Court of Texas so understood the force of
admiralty; it has ruled that its state courts must entertain
aforum non conveniens objection despite a Texas statute
mandating an open forum.
Exxon Corp. v.
Chick Kam
Choo, 1994 A. M. C. 609.
The Court does seem to leave open the possibility for a
different result if those who raise the
forum non conveniens
objection are of foreign nationality. The Court is entitled, I
suppose, to so confine its holding, but no part in its reasoning
gives hope for a different result in a case involving foreign
parties. The Court's substance-procedure distinction takes no
account of the identity of the litigants, nor does the statement
that
forum non conveniens remains "nothing more or less than
a supervening venue provision,"
ante, at 453. The Court
ought to face up to the consequences of its rule in this
regard.
Though it may be doubtful that a
forum non conveniens
objection will succeed when all parties are domestic, that
conclusion should ensue from a reasoned consideration of all the
relevant circumstances, including comity and trade concerns. See
Anderson v.
Great Lakes Dredge &
Dock Co.,
411 Mich. 619, 309 N. W. 2d 539 (1981) (dismissing Jones Act claim
brought by Florida seaman against Delaware dredge owner for
injuries suffered in Florida);
Vargas v.
A. H. Bull
S. S.
Co., 44 N. J. Super. 536, 131 A. 2d 39 (1957)
(dismissing Jones Act claim brought by Puerto Rican residents
against New Jersey shipper for accidents that occurred in Puerto
Rico). An Alaskan shipper may find a lawsuit in Louisiana more
burdensome than the same suit brought in Canada. It is a virtue,
not a vice, that the doctrine preserves discretion for courts to
find
forum non conveniens in unusual but worthy cases. At
stake here is whether the defense will be available at all, not
whether it has merit in this particular case. Petitioner may not
have prevailed on its
forum non
470
conveniens motion, but it should at least have a
principled ruling on its objection.
For these reasons, I would reverse the judgment.
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