Legal Opinion
Liberty Woods International In v. Motor Vessel Ocean Quartz
Court of Appeals for the Third Circuit
Decided May 4, 2018No. 16-4195PublishedCited by 2 opinions
1Opinion of the Court
ROTH, Circuit Judge *128Liberty Woods International (LWI) brought suit for cargo damage sustained during a trip to Camden, New Jersey, on the Ocean Quartz (Vessel). Liability for the damage is governed by the carrier's bill of lading, which contains a forum selection clause requiring suit to be brought in South Korea. LWI instead sought to bring an in rem suit against the Vessel in the District of New Jersey, arguing that the foreign forum selection clause violates the Carriage of Goods by Sea Act (COGSA) because South Korea does not allow in rem suits. The District Court dismissed the case, and…
2Cases cited13 opinions
- Vimar Seguros Y Reaseguros, S. A. v. M/V Sky ReeferSupreme Court of the United States · 1995
- Madruga v. Superior Court of Cal., County of San DiegoSupreme Court of the United States · 1954
- Indussa Corporation v. S.S. Ranborg, Her Engines, Boilers, Etc. (Erling Hansens Rederi A/s and Skibs A/s Linea, Claimants)Court of Appeals for the Second Circuit · 1967
- Thyssen, Inc. v. Calypso Shipping Corp.Court of Appeals for the Second Circuit · 2002
- Windt v. Qwest Communications International, Inc.Court of Appeals for the Third Circuit · 2008
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3Cited by2 opinions
- Detho v. GonzalesCourt of Appeals for the Fifth Circuit · 2006
- Khaef v. HolderCourt of Appeals for the Fifth Circuit · 2009