IN RE N&W MARINE TOWING, L.L.C.

No. 23-30112.

83 F.4th 329 (2023)

IN RE In the Matter of the Complaint of N&W MARINE TOWING, L.L.C., as Owner of M/V Nicholas, its engines, tackle, appurtenances, furniture, etc., for Exoneration from or Limitation of Liability Trey Wooley, Plaintiff-Appellee-Cross Appellant, v. N&W Marine Towing, L.L.C., as Owner of M/V NICHOLAS, its engines, tackle, appurtenances, furniture, etc., praying for exoneration from or limitation or liability, Petitioner-Appellant-Cross Appellee, v. Royal Caribbean Cruises, Limited, Defendant, Trey Wooley, Plaintiff-Appellee-Cross Appellant, v. N&W Marine Towing, L.L.C.; Nicholas M/V; Ascot National Specialty Insurance Company; Starr Indemnity & Liability Company, Defendants-Appellants-Cross Appellees.

United States Court of Appeals, Fifth Circuit.

REVISED October 20, 2023.


Attorney(s) appearing for the Case

Mark Philip Glago , Glago Williams, L.L.C., New Orleans, LA, for Plaintiff-Appellee-Cross Appellant.

Kelley Ann Sevin, Esq. , Duncan & Sevin, L.L.C., New Orleans, LA, for Petitioner-Appellant-Cross Appellee.

Kelley Ann Sevin, Esq. , Duncan & Sevin, L.L.C., New Orleans, LA, for Defendants-Appellants-Cross Appellees.

Before Stewart, Dennis, and Wilson, Circuit Judges.


Pursuant to the saving to suitors clause, 28 U.S.C. § 1333(1), admiralty claims filed in state court are not removable absent some independent jurisdictional basis. Moreover, nondiverse defendants improperly joined to a removed case must be dismissed unless there also exists an independent basis for jurisdiction...

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