Rolando Lopez v. Quality Construction & Production, LLC, et al.

Summary

The United States District Court for the Middle District of Louisiana denied Defendants’ motion to strike Plaintiff’s jury demand. The court held that Plaintiff sufficiently invoked federal-question jurisdiction under the Outer Continental Shelf Lands Act and did not designate the claims as admiralty claims under Federal Rule of Civil Procedure 9(h). The court reset the scheduled bench trial as a jury trial.

Holdings

1. Lopez's operative complaint did not make the simple statement necessary to invoke admiralty jurisdiction under Rule 9(h).
2. Because Lopez proceeded under OCSLA federal-question jurisdiction and did not invoke admiralty jurisdiction under Rule 9(h), he retained the right to a jury trial.

Questions Presented

1. Whether Lopez's operative complaint invoked admiralty jurisdiction under Federal Rule of Civil Procedure 9(h) despite asserting OCSLA federal-question jurisdiction.
2. Whether Lopez retained a right to a jury trial on claims brought under OCSLA where he did not make a Rule 9(h) election.

Disposition

other