Legal Opinion
Auerbach v. Tow Boat U.S.
District Court, D. New Jersey
Decided January 14, 2004No. Civil Action 03-2222 (MLC)PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION
COOPER, District Judge.
This is an action to recover damages for breach of contract and negligent provision of towing services. The defendants are Tow Boat U.S., d/b/a Miller’s Towing & Salvage, t/n Miller’s Towing & Salvage (“MTS”), and Boat U.S. (“BUS”). MTS and BUS removed this action from state court to this Court based on the jurisdiction of the federal courts in admiralty cases. See 28 U.S.C. § 1333. The plaintiff, Richard T. Auerbach, moves to remand the action under the saving-to-suitors clause contained in 28 U.S.C. § (“Section”) 1333(1) and for an award of costs and…
2Cases cited27 opinions
- Romero v. International Terminal Operating Co.Supreme Court of the United States · 1959
- Jerome B. Grubart, Inc. v. Great Lakes Dredge & Dock Co.Supreme Court of the United States · 1995
- Sisson v. RubySupreme Court of the United States · 1990
- U.S. Express Lines, Ltd. v. HigginsCourt of Appeals for the Third Circuit · 2002
- Lewis v. Lewis & Clark Marine, Inc.Supreme Court of the United States · 2001
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3Cited by3 opinions
- Assiff v. Carnival Corp.District Court of Appeal of Florida · 2006
- ADMINISTRATOR AD PROSEQUENDUM FOR THE ESTATE OF WILLIAMS SARAVIA v. BAYONNE DRY DOCK & REPAIR CORP.District Court, D. New Jersey · 2020
- Carmela Susino on her own behalf and on behalf of the Estate of Decedent, Luciano Susino and his beneficiaries v. 3M CompanyDistrict Court, Virgin Islands · 2023