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Proceedings in Personam as within Savings Clause

The U.S. Supreme Court has said that although the state courts do not have jurisdiction provide a remedy in rem for a maritime cause of action, a state, is free to adopt such remedies, and to attach to them such incidents, as it sees fit so long as it does not attempt to make changes in the “substantive maritime law.”[i]  Claims within the saving to suitor clause includes actions to recover damages for a tort, actions for fishermen’s wages, actions by an injured seaman under the Jones Act,  action to recover for certain diving services for the inspection and possible salvage operation of cargo aboard a sunken vessel.  The clause confers concurrent jurisdiction of maritime wrongful death actions in state and federal courts.

[i] Madruga v. Superior Court of California, 346 U.S. 556 (U.S. 1954)

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