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In re Chimenti

79 F.3d 534 (1996)

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In re Chimenti

United States Court of Appeals for the Sixth Circuit
79 F.3d 534 (1996)

AR

Facts

During a vacation in Mexico, Dale Chimenti (plaintiff) rented a jet ski that malfunctioned and caused him to drift aimlessly for 51 hours in the ocean until he was rescued. Chimenti sued the travel agents (defendants) who booked his trip in Michigan state court, invoking the saving-to-suitors clause of 28 U.S.C. § 1333(1), which preserved state jurisdiction over maritime claims brought against an individual. The travel agents, who were Michigan citizens, successfully removed Chimenti’s claim to federal court based on admiralty jurisdiction. The district court denied Chimenti’s motion to remand, and Chimenti appealed. Chimenti sought a writ of mandamus to remand his claim back to state court.

Rule of Law

Issue

Holding and Reasoning (Moore, J.)

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Casebooks

Admiralty

Key Terms