Legal Opinion

Afram Carriers, Inc. v. Moeykens

Court of Appeals for the Fifth Circuit

Decided July 14, 1998No. 97-21048PublishedCited by 51 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge:

This appeal addresses the propriety of a choice of forum clause in a settlement agreement related to a Limitation Act proceeding, 46 U.S.C.App. § 181 et seq. Finding no reversible error, we affirm.

I

The S/S TAMPA BAY, a ship owned and operated by Afram Carriers, arrived in the Peruvian port of El Callao, and four employees of the contractual security service pre-hired to guard the ship boarded. Among the four was the deceased, Augustin Panta.

Peruvian port authorities ordered Afram to fumigate the ship. Afram evacuated all crew members except the captain, the chief…

2Cases cited14 opinions

  1. Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.Supreme Court of the United States · 1985
  2. The Bremen v. Zapata Off-Shore Co.Supreme Court of the United States · 1972
  3. Brotherhood of Railroad Trainmen v. Baltimore & Ohio RailroadSupreme Court of the United States · 1947
  4. Haynsworth v. the CorporationCourt of Appeals for the Fifth Circuit · 1997
  5. Coryell v. PhippsSupreme Court of the United States · 1943

9 more not listed; retrieve them via the Exa API.

3Cited by51 opinions

  1. Peter Weber v. Pact XPP Technologies, AGCourt of Appeals for the Fifth Circuit · 2016
  2. Hall v. GE Plastic Pacific PTE Ltd.Court of Appeals for the Fifth Circuit · 2003
  3. Jonathan Barnett v. Dyncorp International, L.L.C.Court of Appeals for the Fifth Circuit · 2016
  4. National Industries Group v. Carlyle Investment Management L.L.C.Supreme Court of Delaware · 2013
  5. Hellenic Investment Fund, Inc. v. Det Norske VeritasCourt of Appeals for the Fifth Circuit · 2006

46 more not listed; retrieve them via the Exa API.

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