Does the state court have concurrent jurisdiction with the federal court to try an action under the Jones Act?

California, United States of America


The following excerpt is from Shelby v. Seariver Mar. Inc, A122449, No. CGC-06-449350 (Cal. App. 2011):

6. "State courts have concurrent jurisdiction with federal courts to entertain and try actions pleaded pursuant to the Jones Act and the general maritime law." (Baptiste v. Superior Court (1980) 106 Cal.App.3d 87, 94.) "The prevailing rule is that, regardless of the forum, federal substantive law applies." (Ibid.)

7. A trial court "has considerable discretion to control the form in which the expert is questioned to prevent the jury from learning of incompetent hearsay." (People v. Price (1991) 1 Cal.4th 324, 416.) The trial court also has discretion "to weigh the probative value of inadmissible evidence relied upon by an expert witness... against the risk that the jury might improperly consider it as independent proof of the facts recited therein." (People v. Coleman (1985) 38 Cal.3d 69, 91.)

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