Saving to Suitors Clause Law and Legal Definition
The savings to suitors clause is a right under the federal law which allows a party to pursue a remedy for a maritime claim in a state court when entitled to such remedy. The savings to suitors clause sets out the common law right to bring a claim in the state or federal forum. “A district court shall have original jurisdiction, exclusive of the courts of the states, of any civil case of admiralty or maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled.” [In re Falcon Inland, 2 F. Supp. 2d 835 (D. La. 1998)]
Pursuant to 28 USCS § 1333, “the district courts shall have original jurisdiction, exclusive of the courts of the States, of: (1) Any civil case of admiralty or maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled.” [
A claimant is allowed to litigate a claim in state court where (a) the value of the limitation fund exceeds the total value of all claims asserted against the vessel owner, or (b) a single claimant brings an action against the vessel owner seeking damages in excess of the value of the vessel. [Lewis v. Lewis & Clark Marine, Inc., 531 U.S. 438 (U.S. 2001)]
