United States Ninth Circuit

In an action against the Department of State Agency for International Development, alleging a violation of federal cargo preference laws and requesting injunctive and declaratory relief, as well as damages for unjust enrichment, summary judgment for defendant is affirmed where: 1) claims for injunctive and declaratory relief under 46 C.F.R. section 381.5 were moot because the U.S. adopted plaintiff's position going forward -- that defendant was required to seek Department of Transportation Maritime Administration's concurrence before making a recommendation about the cargo because plaintiff offered to carry a full shipload; and 2) this case did not fall within the exception to sovereign immunity in the Suits in Admiralty Act.

Appellate Information

• Decided 11/05/2010
• Published 11/05/2010

Judges

• M. Margaret McKeown

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Timothy R. Lord, Brian Kipnis