The Standard Club files to move seaman's injury suit back to federal court

By Charmaine Little | Jun 21, 2018

The back-and-forth movement of an insurance case continues as one of the defendants, The Standard Club, recently a notice of removal requesting the seaman's injury suit be moved to U.S. District Court for the Eastern District of Louisiana.

The back-and-forth movement of an insurance case continues as one of the defendants, The Standard Club, recently a notice of removal requesting the seaman's injury suit be moved to U.S. District Court for the Eastern District of Louisiana.

Jack McElveen filed the damage suit alleging that in attempting to comply with a custom’s agent’s order to clean out the ship’s freezer in 2012, he fell, twisting his knee and hitting his back, a Dec. 16, 2013, Louisiana Record article said.

Waterman Steamship Corp. and ABC Insurance Co. were named as defendants in McElveen’s suit. The plaintiff later amended his complaint to name The Standard Club, the marine protection and indemnity underwriter for Waterman, as a defendant in place of ABC Insurance. 

In its June 13 filing, The Standard Club listed several reasons the case should be removed to the federal court.

The defendant pointed out the federal court has proper jurisdiction on the matter via the Uniform Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

The Standard Club also noted removal is proper considering it wants to compel arbitration as the plaintiff's accusations should be arbitrated.

The defendant also stated the notice of removal is being in a timely fashion considering its before trial.

Before the current filing, Waterman first removed the matter to the federal court after filing for bankruptcy. McElveen then motioned to have the case remanded to state court. 

McElveen then requested leave to name The Standard Club as a defendant instead of ABC Insurance considering The Standard Club was the underwriter for Waterman. The district court granted the leave and remanded the case back to state court.

While the plaintiff moved forward and served The Standard Club, he submitted a federal summons in federal court. He then filed an affidavit of Service of Foreign Process in state court.

The Standard Club also submitted a written notification to McElveen in anticipation of his response, if any. It also filed the notice with  the Orleans Parish Civil District Cour. 

A copy of the recent notice of the submission for the removal was also submitted with the federal court.

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