Owens-Illinois, Inc. v. United States District Court for the Western District of Washington

Petitioner Owens-Illinois, in an action brought on the alternative theories of admiralty and diversity jurisdiction, seeks a writ of mandamus to compel the district court to vacate its order striking defendants’ jury demand and setting the matter for trial to the court as an admiralty claim. We hold that under the facts of this case, admiralty jurisdiction is lacking and that, even assuming that certain aspects of plaintiff’s case are within admiralty jurisdiction, defend *969 ants’ constitutional right to a jury trial must be honored. The writ will issue.

Wayne Plunkett filed suit in 1981, seeking recovery for personal injuries allegedly caused by exposure to asbestos products manufactured by defendants. He alleged admiralty jurisdiction under 28 U.S.C. § 1333 (1) (1976) on the basis of his substantial exposure to asbestos products while employed at shipyards during World War II. He alleged diversity of citizenship of the parties as an independent basis of federal jurisdiction under 28 U.S.C. § 1332 (1976).

Defendants questioned plaintiff’s allegations of admiralty jurisdiction and moved to dismiss the claims in admiralty. The district court denied these motions and, two weeks…