United States Fifth Circuit

In a maritime cargo damage action, the dismissal of the complaint for improper venue due to a forum selection clause is affirmed, where there was no evidence that an English court would impermissibly limit Defendants' liability; but vacated in part, where the District Court erred by dismissing Plaintiff's contribution claims for failure to assert them under Fed. R. Civ. P. 13(g), because the entities against which Plaintiff sought to proceed had been dismissed from the action and thus that rule did not apply.

Appellate Information

• Decided 05/28/2009
• Published 05/28/2009

Judges

• PRADO, Circuit Judge:, Before GARWOOD, DENNIS and PRADO, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Francis Aitkens Courtenay, Jr. (argued), Preis & Roy, New Orleans, LA, for Ambraco, Inc. an Great American Ins. Co., Jason P. Waguespack (argued), David N. Loria, Michael J. Nicaud, Frederick W. Swaim, Galloway, Johnson, Tompkins, Burr & Smith, Charles F. Lozes, Phelps Dunbar, New Orleans, La, for Bossclip B.V., Dockendale Shipping Co., Ltd., and Faith Shipping Co., Ltd., Jon Anthony Van Steenis (argued), John Fredrick Kessenich, Jonathan H. Sandoz, Daigle, Fisse & Kessenich, Madisonville, LA, for Pacorini Holding, LLC.