context: One important factor in determining whether a claimant has elected to proceed in admiralty is whether he demanded a jury trial.
citation_a.signal: cf.
citation_a.identifier: 125 F.R.D. 5, 8
citation_a.parenthetical: 'Where a claim is made in accordance with Rule 9(h
citation_a.sentence: Lewis v. United States, 812 F.Supp. 620, 627 (E.D.Va.1993) (holding that a demand for a trial by jury “is inconsistent with an intent to proceed in admiralty”); cf. Royal Ins. Co. of Am. v. Hansen, 125 F.R.D. 5, 8 (D.Mass.1988) (‘Where a claim is made in accordance with Rule 9(h), the existence of diversity as an alternative basis of jurisdiction will not entitle plaintiff to a jury trial.”); Banks v. Hanover Steamship Corp., 43 F.R.D. 374, 376-77 (D.Md.1967) (holding that a complaint that asserts both admiralty jurisdiction and diversity jurisdiction is not an adequate 9(h) designation to trigger admiralty procedures).
citation_b.signal: no signal
citation_b.identifier: 812 F.Supp. 620, 627
citation_b.parenthetical: holding that a demand for a trial by jury "is inconsistent with an intent to proceed in admiralty"
citation_b.sentence: Lewis v. United States, 812 F.Supp. 620, 627 (E.D.Va.1993) (holding that a demand for a trial by jury “is inconsistent with an intent to proceed in admiralty”); cf. Royal Ins. Co. of Am. v. Hansen, 125 F.R.D. 5, 8 (D.Mass.1988) (‘Where a claim is made in accordance with Rule 9(h), the existence of diversity as an alternative basis of jurisdiction will not entitle plaintiff to a jury trial.”); Banks v. Hanover Steamship Corp., 43 F.R.D. 374, 376-77 (D.Md.1967) (holding that a complaint that asserts both admiralty jurisdiction and diversity jurisdiction is not an adequate 9(h) designation to trigger admiralty procedures).