Background:

The plaintiff, Barry Casteel ("Seaman") sustained injuries while working as a crew member on the M/V Sandy Point. This was a navigable vessel owned and operated by the defendant, Maryland Marine, Inc. ("Employer").

A fight broke out between two other crew members when the vessel was near Baton Rouge, Louisiana. Seaman injured his lower back when he attempted to restrain one of the combatants.

Seaman filed suit under the Jones Act and general maritime law. He contended that the employer breached its duties under the Jones Act to provide him a reasonably safe place to work and seaworthy vessel.  Seaman also filed claims of maintenance and cure against his employer.

The employer brought a 12(b)(1) motion to dismiss for lack of personal jurisdiction, or in the alternative, motion to dismiss for improper venue or, as a third alternative, a motion to transfer venue.

Issue:

Whether the Court will dismiss the case for lack of personal jurisdiction or, in the alternative, for improper venue or transfer of venue.

Held:

To exert personal jurisdiction in this case, the Court must find two propositions to be true. First, that the employer is amenable to service of process. Second, that bringing the employer into court in Illinois is in line with due process principles.

After the Court examined the record, and resolved all fact disputes in the seaman's favor, the Court answered both propositions in the negative.

The employer was not amenable to service of process in Illinois. The Court could not exercise jurisdiction over the employer because they had no systematic and continuous business contacts with the state. Thus, no service of process was given.

The Court further concluded that bringing the employer into court in Illinois was not in line with due process principles.

For all these reasons, the Court concluded that dismissal was merited, based on lack of personal jurisdiction.  This suit should have been filed in another District.

Significance:

When a defendant moves to dismiss a complaint for lack of personal jurisdiction, the plaintiff bears the burden of demonstrating the existence of personal jurisdiction.  The plaintiff only needs to make out a prima facie case of personal jurisdiction to avoid dismissal.

A prima facie case is defined as evidence which, unless rebutted, would be sufficient to prove a particular proposition or fact.

In evaluating whether the plaintiff has made this prima facie case, the Court will resolve, in the plaintiff's favor, all facts that are in dispute.

Steve Gordon
http://www.offshoreinjuries.com