Aquafaith Shipping, Ltd. v. Jarillas

DUHÉ, Circuit Judge:

This case requires us to decide whether the petition filed in state court contains a removable claim or cause of action separate and independent from a Jones Act claim. We hold that the petition states no removable claim or cause of action and therefore reverse the judgment of the district court. We also hold that the district court should have dismissed the declaratory judgment action because the federal action is identical to the previously filed state court case.

I

This litigation started when Eufemia R. Jarillas, a Philippine domiciliary, filed a Petition for Damages and…