American Dredging Co. v. Miller, 510 U.S. 443, 3 (1994)

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Cite as: 510 U. S. 443 (1994)

Opinion of the Court

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-

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