One of the first things that an offshore injury lawyer must do is decide where a particular case should be filed. This will typically involve choosing between a variety of potential state and federal courts. But, just because an attorney picks to file a case in a particular court does not necessarily mean that it will stay in that court.
This is because a defendant may decide that it wants to remove an offshore or maritime case to federal court. Removal of offshore and maritime cases to federal court can present a number of complicated issues for plaintiffs, and defendants.
What is Removal?
Removal is a process where a defendant moves a state court case to federal court, which they often try to do this with newly-filed cases,.
What Reasons Allow for Removal of Offshore and Maritime Cases to Federal Court?
There are a number of ways that offshore and maritime cases get removed to federal court. For example, if the parties are from different states (ex. a Louisiana plaintiff and a Texas defendant) and the potential damages in the case are worth more than $75,000, the defendant can try to remove the case to federal court based upon “diversity jurisdiction.”
Or, if an accident occurs on a fixed platform, defendants will claim that they can remove the case under the Outer Continental Shelf Lands Act (the “OCSLA”). This is because the OSCLA uses state law as federal law, thus allowing the case to come within the “federal question” basis for removal.
These are just a couple of the different ways that removal can occur. Every case will present its own facts and may, or may not, support removal.
Can an Offshore Injury Plaintiff Move a Case Back to State Court?
Yes. A plaintiff can file a “motion to remand” that asks the federal court to send the case back to state court. There are a variety of reasons that can lead to the case being sent back, such as a lack of jurisdiction, procedural issues with the filing by the defendant, or waiting too long to try to remove the case to federal court.
Call an Offshore Injury Lawyer Today
As you can see, the issues involved in offshore injury cases can be complicated. If you have been involved in an offshore or maritime accident, contact maritime lawyer in New Orleans, Mike Mahone today at (504) 564-7342. There is no charge to discuss your case with a New Orleans personal injury lawyer.
