Fifth Circuit: Marquette Trans v. Navigation Mrtm

 Although the appellant LLC did not sufficiently establish diversity jurisdiction by pleading the citizenship of all of it members, the fact that its claims sound in admiralty is sufficient for appellate jurisdiction, and the pleading should be amended on remand.

As state harbor pilotage regulation is a statutory exception to the general preemption of admiralty, the higher burden of proof under state law is not preempted by the preponderance standard of admiralty.

The pretrial objection to the admission of the evidence sufficiently preserved the issue for appeal; the argument in a separate pretrial motion that the evidence was inadmissible as summary evidence did not. Challenge to the admission of the accident reconstruction was harmless, as there was ultimately no claim that it was inaccurate or unreliable,

Motion to strike the jury demand for lack of the amount in controversy and an implied consent to proceed in admiralty doesn't preserve for appeal a claim that the jury trial was error because of lack of diversity.  Also no showing of harm or constitutional violation.

Challenge to jury finding of lack of negligence and award of damages was forfeited for lack of a post-judgment motion for judgment as a matter of law.  Evidence was sufficient, even under the higher standard of proof.

Court appropriately limited expert testimony.

Marquette Trans v. Navigation Mrtm