Legal Opinion

In Re the Complaint of American President Lines, Ltd.

District Court, S.D. New York

Decided June 27, 1995No. 94 Civ. 7710 (RWS), 95 Civ. 3315 (RWS)PublishedCited by 6 opinions

1Opinion of the Court

OPINION

SWEET, District Judge.

Motions are before this Court relating to forum non conveniens, transfer of venue and choice of law in two related limitation proceedings arising out of the collision of two vessels in Korean waters.

For the reasons set forth below, in the limitation proceeding (the “APL Action”) brought by American President Lines, Ltd. (“APL”), APL’s motion to strike the Fifth affirmative defenses of Hanjin Shipping Company Ltd. (“Hanjin”) and Highlight Navigation Corporation (“Highlight”) (together the “Hanjin Claimants”) regarding Korean law will be granted and that defense…

2Cases cited25 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  3. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  4. Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
  5. Piper Aircraft Co. v. ReynoSupreme Court of the United States · 1982

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3Cited by6 opinions

  1. Noor Begum Karim, Wife of Fazal Karim v. Finch Shipping Company, Ltd., Finch Shipping Company, Ltd.Court of Appeals for the Fifth Circuit · 2001
  2. In Re the Complaint of Norfolk Dredging Co.District Court, E.D. Virginia · 2002
  3. In Re: National Park Service and Public Vessels Buoy Tender No. 450, No. 257, No. 2510, No. 256, No. 2511, No. 290District Court, D. Utah · 2020
  4. In re: Grebe Shipping LLCDistrict Court, D. Connecticut · 2020
  5. In the Matter of In Re Foss Offshore Wind Holdings LLC and Foss Maritime Company LLC from or Limitation of Liability as owner of The M/V RebekahDistrict Court, W.D. Washington · 2025

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