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If we find matches from the people you follow on Twitter, we'll connect you to them right away. Tell my followers about Myspace? Let your followers know you're on Myspace with a Tweet. Community Elec. National Elec. Ass'n, F. The first of the two issues presented by this appeal is whether the district court erred as a matter of law by concluding that the Jones Act applied in the CNMI and that subject matter jurisdiction therefore existed over the appellant's claims. We review de novo a district court's determination of subject matter jurisdiction.

Rosenfeld v. United States, F. The Jones Act provides, in relevant part, that "in case of the death of any seaman.

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Unfortunately for our purposes, the Act neither expressly includes nor excludes the CNMI from its reach, and no reported decisions have yet addressed the question. Nevertheless, certain factors point unequivocally in favor of the Jones Act applying in the Commonwealth. See 46 U.

Trawler Racer, Inc. See, e. Third, the Act itself strongly indicates that it is meant to apply in the CNMI by expressly barring relief to those seamen who, at the time of their injuries or deaths, were neither citizens nor permanent resident aliens of the United States and were engaged in off-shore mineral or energy work "in the territorial waters or waters overlaying the continental shelf of a nation other than the United States, its territories, or possessions.

Among the arguments submitted by the appellees in support of their contention that the Jones Act does not apply in the Commonwealth is the following: the CNMI enjoys a legal status vis-a-vis the United States similar to that of the Commonwealth of Puerto Rico; both the CNMI and Puerto Rico have local laws providing remedies for seamen injured within their respective territorial waters; because Puerto Rico's local law supplants the Jones Act, the CNMI's local law should be construed to do the same.

This argument lacks merit. Although it is true that both the CNMI and Puerto Rico are commonwealths and that both have enacted remedial legislation for the protection of local seamen, Puerto Rico's displacement of the Jones Act by a local remedy is expressly authorized by federal statute. Crowley Towing Transp.

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Even so, the reach of the Puerto Rican legislation is rather limited. For example, injuries to seamen occurring on navigable waters outside the territorial limits of Puerto Rico are cognizable under the Jones Act, as are those involving seamen injured inside territorial waters where such seamen entered into their contracts of employment in the continental United States.

See 2 M.

See also United States v. Rivera Torres, F. Laws Ann. While we have had no occasion to construe this particular provision, it is reasonable to assume that such language was used by the CNMI legislature for the purpose of providing a remedy under local law in addition to the protection afforded by the Jones Act.

As a remedial statute, the Jones Act is to be construed broadly, and in light of the above analysis we conclude that the district court did not err by holding that the Jones Act applies in the CNMI. The second issue presented by this appeal is whether the appellees' renewed motion to dismiss for improper venue was waived by virtue of having been asserted after the appellees had filed their motion for summary judgment directed against the appellant's amended complaint. Although a party may assert the defense of improper venue either as part of his responsive pleading or by separate motion, see Fed.

See Fed. However, there is nothing in Rule 12 b , g or h that explains the effect of a party's filing a motion for summary judgment prior to his filing a motion to dismiss for improper venue. Those courts which have confronted the problem have held that, when a party files a motion for summary judgment prior to filing a motion to dismiss for improper venue, such action constitutes a tacit admission on the part of the movant that the court has personal jurisdiction, that venue is properly laid there, and that the court should dispose of the case on its merits.

Public Hous. Kelly Springfield Tire Co. Royals v. Smith Jones, Inc. We agree. Having filed a motion for summary judgment prior to, and not in the alternative with, a motion to dismiss for improper venue, the appellees conceded the question of venue and the district court erred by disposing of the appellant's complaint on a point which had already been waived by the appellees. Accordingly, and for the reasons set forth above, we affirm the district court with respect to its holding that it had subject matter jurisdiction over the appellant's action by virtue of the Jones Act's application to the CNMI, we vacate its holding on the matter of venue, and we remand for proceedings consistent herewith.



Each party is to bear its own costs on appeal. Back to Results. Download Print Get alerts. Misch ex rel. Estate of Misch v.