American Dredging Co. v. Miller, 510 U.S. 443, 5 (1994)

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

Opinion of the Court

distinctively an admiralty proceeding, and is hence within the exclusive province of the federal courts. The Moses Taylor, 4 Wall. 411, 431 (1867). In exercising in personam jurisdiction, however, a state court may " 'adopt such remedies, and . . . attach to them such incidents, as it sees fit' so long as it does not attempt to make changes in the 'substantive maritime law.' " Madruga v. Superior Court of Cal., County of San Diego, 346 U. S. 556, 561 (1954) (quoting Red Cross Line, supra, at 124). That proviso is violated when the state remedy "works material prejudice to the characteristic features of the general maritime law or interferes with the proper harmony and uniformity of that law in its international and interstate relations." Southern Pacific Co. v. Jensen, 244 U. S. 205, 216 (1917). The issue before us here is whether the doctrine of forum non conveniens is either a "characteristic feature" of admiralty or a doctrine whose uniform application is necessary to maintain the "proper harmony" of maritime law. We think it is neither.1

A

Under the federal doctrine of forum non conveniens, "when an alternative forum has jurisdiction to hear [a] case, and when trial in the chosen forum would 'establish . . . op-1 Justice Stevens asserts that we should not test the Louisiana law against the standards of Jensen, a case which, though never explicitly overruled, is in his view as discredited as Lochner v. New York, 198 U. S. 45 (1905). See post, at 458-459. Petitioner's pre-emption argument was primarily based upon the principles established in Jensen, as repeated in the later cases (which Justice Stevens also disparages, see post, at 459) of Knickerbocker Ice Co. v. Stewart, 253 U. S. 149 (1920), and Washington v. W. C. Dawson & Co., 264 U. S. 219 (1924), see Brief for Petitioner 12-13. Respondent did not assert that those principles had been repudiated; nor did the Solicitor General, who, in support of respondent, discussed Jensen at length, see Brief for United States as Amicus Curiae 5, 11-13, and n. 12. Since we ultimately find that the Louisiana law meets the standards of Jensen anyway, we think it inappropriate to overrule Jensen in dictum, and without argument or even invitation.

447

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