Sphere Drake Insurance PLC v. J. Shree Corp.

DECISION AND ORDER

BERMAN, District Judge.

I. Introduction

There is a split of authority as to whether a defendant in an admiralty suit is entitled to a trial by jury with respect to defendant’s compulsory counterclaims. Many courts have determined that a plaintiffs non-jury admiralty claim in effect “trumps” a defendant’s jury demand. The United States Circuit Court of Appeals for the Ninth Circuit, on the other hand, relying in large measure upon a decision of the United States Supreme Court, has ruled that an admiralty defendant does not lose the right to a jury trial where the defendant’s…