QUESTIONS PRESENTED

1)The Fifth Circuit applied the accepted and usual test as required by this Court and the United States Constitution in affirming the district courts’ findings of admiralty subject matter jurisdiction under 28 U.S.C. § 1333(1), since this case involves both a maritime situs and a connection to a maritime activity. Petitioner’s whim to add a third factor requiring factual findings of “discernable interests of the United States or its citizens” is superfluous since both personal jurisdiction and forum non conveniens already limit federal admiralty court access to foreign litigants.

2)The Fifth Circuit applied the usual and customary standard of review in affirming the denials of Petitioner’s motion to dismiss based on forum non conveniens and motions to reconsider the motion to dismiss, since the district court judges did not abuse their discretion in considering the evidence presented, which favored a United States choice of forum. Therefore, supervisory authority should be denied.

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